05a50751
07-28-2005
Noreen Torres, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, (Northeast Area) Agency.
Noreen Torres v. United States Postal Service
05A50751
July 28, 2005
.
Noreen Torres,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
(Northeast Area)
Agency.
Request No. 05A50751
Appeal No. 01A51460
Agency No. 1B-061-0049-04
DENIAL
Noreen Torres (complainant) timely requested reconsideration of the
decision in Noreen Torres v. United States Postal Service, EEOC Appeal
No. 01A51460 (March 11, 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).
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. In her Request for Reconsideration complainant argues that
she the time limit for contacting an EEO Counselor should be tolled in
her favor because she is �not an expert in the facets of law.� Request
for Reconsideration.
First of all, we must 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). Nevertheless, having reviewed our prior
decision and the record, we conclude that our interpretation of material
fact and law is not in error, and we do not find that the previous
decision overlooked any material evidence that would have equitably
tolled the time limit. Thus, we continue to stand behind that decision
and find that the arguments complainant raises in her request fail to
give us reason reconsider the decision. As such, the decision in EEOC
Appeal No. 01A51460 remains the Commission's final decision. There is no
further right of administrative appeal on the decision of the Commission
on this request.<0>
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 0 1We note that complainant
has stated in her Request that other alleged employment practices have
been occurring at her workplace. We cannot accept these claims at this
juncture and refer complainant to the EEO Office of her agency.