05a30342
03-04-2003
Ralph Capone, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.
Ralph Capone v. United States Postal Service
05a30342
3/4/03
.
Ralph Capone,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Request No. 05a30342
Appeal No. 01A15069
Agency No. 4F-926-0097-01
DENIAL OF REQUEST FOR RECONSIDERATION
Ralph Capone (complainant) timely initiated a request to the Equal
Employment Opportunity Commission (EEOC or Commission) to reconsider the
decision in Ralph Capone v. United States Postal Service, EEOC Appeal
No. 01A15069 (November 18, 2002). EEOC Regulations provide that the
Commission may, in its 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 29 C.F.R. �
1614.405(b).
Complainant filed a formal complaint alleging discrimination on the
basis of reprisal (prior EEO activity), when on or about January 10,
2001 he learned: (1) the agency was responsible for federal fraud charges
being filed against him; (2) the agency was responsible for him being
subjected to a federal grand jury investigation; and (3) the agency was
responsible for the denial of his request for a gun permit. The prior
decision determined the complaint failed to state a claim because it
represented a collateral attack against the Postal Inspection Service,
who levied the charges against complainant.
After a review of complainant's request for reconsideration, 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. Complainant failed
to establish that the prior decision involved a clearly erroneous
interpretation of material law or fact when it determined that
complainant had not suffered a harm with respect to term, condition
or privilege of employment. The decision in EEOC Appeal No. 01A15069
remains the Commission's final decision. There is no further right of
administrative appeal on the decision of the Commission on this request
for reconsideration.
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:
______________________________
Carlton M. Hadden, Director
Office of Federal Operations
3/4/03
Date