Myrna Simpson-Rogers, Complainant,v.William J. Henderson, Postmaster General, United States Postal Service, Agency.

Equal Employment Opportunity CommissionMar 16, 2000
05a00060 (E.E.O.C. Mar. 16, 2000)

05a00060

03-16-2000

Myrna Simpson-Rogers, Complainant, v. William J. Henderson, Postmaster General, United States Postal Service, Agency.


Myrna Simpson-Rogers v. United States Postal Service

05A00060

March 16, 2000

Myrna Simpson-Rogers, )

Complainant, )

) Request No. 05A00060

v. ) Appeal No. 01971088

) Agency No. 1H-302-1049-95

) Hearing No. 110-96-8246X

William J. Henderson, )

Postmaster General, )

United States Postal Service, )

Agency. )

____________________________________)

DENIAL OF REQUEST FOR RECONSIDERATION

On October 13, 1999, The United States Postal Service (agency) initiated

a request to the Equal Employment Opportunity Commission (Commission)

to reconsider the decision in Myrna Simpson-Rogers v. United States

Postal Service , EEOC Appeal No. 01971088 (August 26, 1999).<1> EEOC

Regulations provide that the Commissioners may, in their discretion,

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 64 Fed. Reg. 37,644, 37,654 (1999)

(to be codified and hereinafter referred to as 29 C.F.R. � 1614.405(b)).

After a review of agency's request for reconsideration, the Commission

finds that agency received the Commission's previous decision on

September 1, 1999 and filed a request for reconsideration on October

13, 1999. Volume 64 Fed. Reg. 37,644, 37,659 (1999) (to be codified

at and hereinafter referred to as 29 C.F.R. � 1614.402(a)), provides

in relevant part, that either party must file his or her request for

reconsideration within thirty days of receipt of the decision on appeal.

Here, the Commission finds that the agency did not file its request for

reconsideration within the thirty days allotted pursuant to 29 C.F.R. �

1614.604. Furthermore, the agency has not provided any reasons on

request why the limitations period should be extended pursuant to Fed.

Reg. 37,644, 37,661 (1999) (to be codified at 29 C.F.R. � 1614.604).

Therefore, it is the decision of the Commission to deny the agency's

request. The decision in EEOC Appeal No. 01971088 (August 26, 1999)

remains the Commission's final decision. There is no further right of

administrative appeal on a decision of the Commission on this Request

for Reconsideration.

COMPLAINANT'S RIGHT TO FILE A CIVIL ACTION (P1199)

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:

March 16, 2000

DATE Carlton M. Hadden, Acting Director

Office of Federal Operations

CERTIFICATE OF MAILING

For timeliness purposes, the Commission will presume that this decision

was received within five (5) calendar days after it was mailed. I certify

that this decision was mailed to complainant, complainant's representative

(if applicable), and the agency on:

_____________ ________________________

Date Equal Employment Assistant

1On November 9, 1999, revised regulations governing the EEOC's federal

sector complaint process went into effect. These regulations apply to all

federal sector EEO complaints pending at any stage in the administrative

process. Consequently, the Commission will apply the revised regulations

found at 64 Fed. Reg. 37,644 (1999), where applicable, in deciding the

present appeal. The regulations, as amended, may also be found at the

Commission's website at WWW.EEOC.GOV.