05a50985
07-28-2005
Myrtis B. Johnson, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, (Headquarters) Agency.
Myrtis B. Johnson v. United States Postal Service
05A50985
July 28, 2005
.
Myrtis B. Johnson,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
(Headquarters)
Agency.
Request No. 05A50985
Appeal No. 01A43028
Agency No. HO007602
DENIAL
Myrtis B. Johnson (complainant) timely requested reconsideration of
the decision in Myrtis B. Johnson v. United States Postal Service,
EEOC Appeal No. 01A43028 (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) (2004).
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 we deny the request. In our previous
decision, we affirmed the final agency decision because we found that
indeed the facts alleged did not prove discrimination or retaliation.
When we rendered that decision, we reviewed the matter de novo,
carefully considering all of the record evidence. Complainant in
essence now seeks a second appeal, but 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, at 9-17 (rev. Nov. 9, 1999). We limit our review of requests
for reconsideration to determine whether our prior decision meets the
standard set forth above.
Having reviewed our prior decision, the record as well the Attachment
to complainant's request, we conclude that our interpretation of
material facts and law was not clearly in error, and we do not find
that the previous decision overlooked any material evidence. Thus,
we continue to stand behind that decision and find that the arguments
complainant presents in her request fail to give us reason to reconsider
our conclusions. As such, the decision in EEOC Appeal No. 01A43028
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:
July 28, 2005
______________________________ __________________
Carlton M. Hadden, Director Date
Office of Federal Operations