Patricia G. Peck, Appellant,v.William J. Henderson, Postmaster General, United States Postal Service, Agency,

Equal Employment Opportunity CommissionNov 8, 1999
05980134 (E.E.O.C. Nov. 8, 1999)

05980134

11-08-1999

Patricia G. Peck, Appellant, v. William J. Henderson, Postmaster General, United States Postal Service, Agency,


Patricia G. Peck v. United States Postal Service

05980134

November 8, 1999

Patricia G. Peck, )

Appellant, )

)

v. ) Request No. 05980134

) Appeal No. 01966809

William J. Henderson, ) Agency No. 4C-080-1015-96

Postmaster General, )

United States Postal Service, )

Agency, )

)

DECISION ON REQUEST FOR RECONSIDERATION

Appellant timely initiated a request to the Equal Employment Opportunity

Commission to reconsider the decision in Patricia G. Peck v. Marvin

T. Runyon, Jr., Postmaster General, United States Postal Service, EEOC

Appeal No. 01966809 (October 10, 1997). EEOC regulations provide that

the Commission may, in its discretion, reconsider any previous decision.

29 C.F.R. � 1614.407(a). The party requesting reconsideration must

submit written argument or evidence that tends to establish one or more

of the three criteria prescribed by 29 C.F.R. � 1614.407(c): that new and

material evidence was available that was not available when the previous

decision was issued, 29 C.F.R. � 1614.407(c)(1); that the previous

decision involved an erroneous interpretation of law or regulation, or

material fact, or a misapplication of established policy, 29 C.F.R. �

1614.407(c)(2); or that the decision is of such exceptional nature as

to have substantial precedential effects, 29 C.F.R. � 1614.407(c)(3).

Appellant filed a complaint in which she alleged that the agency

discriminated against her on the basis of race (White) when:

On June 30, 1995, appellant's supervisor left her paycheck in an unlocked

drawer;

From July 1995 until her resignation, the supervisor repeatedly denied

her requests for window training;

On July 22, 1995, the supervisor denied appellant's request to leave

work early;

On August 19, 1995, appellant submitted a leave request which the

supervisor did not approve until September 12th;

On September 11, 1995, the agency assigned a new employee to perform

the window duties for which appellant was denied training; and

On September 13, 1995, the supervisor denied appellant's sick leave

request, which caused appellant to use sick leave, and to resign on

September 15th.

The agency accepted allegations (2), (4), (5), (6) but dismissed

allegations (1) and (3) on the grounds that appellant failed to timely

contact an EEO counselor. The counselor's report indicates that appellant

did not contact an EEO counselor until September 21, 1995, more than 45

days after the occurrence of the incidents at issue in allegations (1) and

(3). The agency also found that appellant did not establish a continuing

violation. The previous decision summarily affirmed. In her request for

reconsideration, appellant appears to be contesting the agency's dismissal

of allegations (1) and (3) on the merits. She does not, however, present

any arguments or evidence that any of the reconsideration criteria have

been established. We therefore find that the previous decision correctly

affirmed the agency's dismissal of allegations (1) and (3).

After a review of appellant's request for reconsideration, the

agency's response, the previous decision, and the entire record, the

Commission finds that appellant's request does not meet the criteria

of 29 C.F.R. � 1614.407(c), and it is the decision of the Commission

to deny appellant's request. The decision of the Commission in Appeal

No. 01966809 remains the Commission's final decision. There is no further

right of administrative appeal from a decision of the Commission on a

request for reconsideration.

RIGHT TO FILE A CIVIL ACTION (P0993)

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.

It is the position of the Commission that 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.

You should be aware, however, that courts in some jurisdictions have

interpreted the Civil Rights Act of 1991 in a manner suggesting that

a civil action must be filed WITHIN THIRTY (30) CALENDAR DAYS from the

date that you receive this decision. To ensure that your civil action

is considered timely, you are advised to file it WITHIN THIRTY (30)

CALENDAR DAYS from the date that you receive this decision or to consult

an attorney concerning the applicable time period in the jurisdiction

in which your action would be filed. 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 (Z1092)

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:

Nov. 8, 1999

DATE Carlton M. Hadden, Acting Director

Office of Federal Operations