05a51157
10-05-2005
Michael Furlong, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, (Western Area), Agency.
Michael Furlong v. United States Postal Service
05A51157
October 5, 2005
.
Michael Furlong,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
(Western Area),
Agency.
Request No. 05A51157
Appeal No. 01A51553
Agency No. 1E-801-0015-04
DENIAL
Michael Furlong (complainant) timely requested reconsideration of
the decision in Michael Furlong v. United States Postal Service, EEOC
Appeal No. 01A51553 (May 26, 2005). EEOC Regulations provide that the
Commission may, in its discretion, grant a request to reconsider any
previous Commission decision where the requesting party demonstrates that:
(1) the appellate decision involved a clearly erroneous interpretation
of material fact or law; or (2) the appellate decision will have a
substantial impact on the policies, practices, or operations of the
agency. See 29 C.F.R. � 1614.405(b).
In his request, complainant argues the merits of his complaint. Further,
he submitted a copy of his Office of Workers Compensation Programs
(OWCP) file. We remind complainant that a �request for reconsideration
is not a second appeal to the Commission.� Equal Employment Opportunity
Management Directive for 29 C.F.R. Part 1614 (rev. Nov. 9, 1999), at 9-17.
The OWCP file with complainant's medical history is not pertinent to
this request. Specifically, the previous decision assumed, arguendo,
that he was an individual with a disability. This Commission carefully
considered all of the record evidence at the time it rendered the initial
decision in question, and complainant has offered no persuasive reason
why this decision should be reconsidered now.
After reconsidering the previous decision and the entire record,
the Commission finds that the request fails to meet the criteria of
29 C.F.R. � 1614.405(b), and it is the decision of the Commission to
deny the request. The decision in EEOC Appeal No. 01A51553 remains the
Commission's final decision. There is no further right of administrative
appeal on the decision of the Commission on this request.
COMPLAINANT'S RIGHT TO FILE A CIVIL ACTION (P0900)
This decision of the Commission is final, and there is no further right
of administrative appeal from the Commission's decision. You have the
right to file a civil action in an appropriate United States District
Court within ninety (90) calendar days from the date that you receive this
decision. If you file a civil action, you must name as the defendant in
the complaint the person who is the official agency head or department
head, identifying that person by his or her full name and official title.
Failure to do so may result in the dismissal of your case in court.
"Agency" or "department" means the national organization, and not the
local office, facility or department in which you work.
RIGHT TO REQUEST COUNSEL (Z1199)
If you decide to file a civil action, and if you do not have or cannot
afford the services of an attorney, you may request that the Court appoint
an attorney to represent you and that the Court permit you to file the
action without payment of fees, costs, or other security. See Title VII
of the Civil Rights Act of 1964, as amended, 42 U.S.C. � 2000e et seq.;
the Rehabilitation Act of 1973, as amended, 29 U.S.C. �� 791, 794(c).
The grant or denial of the request is within the sole discretion of
the Court. Filing a request for an attorney does not extend your time
in which to file a civil action. Both the request and the civil action
must be filed within the time limits as stated in the paragraph above
("Right to File A Civil Action").
FOR THE COMMISSION:
October 5, 2005
______________________________ __________________
Carlton M. Hadden, Director Date
Office of Federal Operations