05a10139
03-27-2001
Regina Smith, Complainant, v. William J. Henderson, Postmaster General, United States Postal Service (Great Lakes Area), Agency.
Regina Smith v. United States Postal Service
05A10139
3/27/01
.
Regina Smith,
Complainant,
v.
William J. Henderson,
Postmaster General,
United States Postal Service
(Great Lakes Area),
Agency.
Request No. 05A10139
Appeal No. 01984983
Agency No. 4J-606-1113-94
Hearing No.
DENIAL OF REQUEST FOR RECONSIDERATION
The complainant initiated a request to the Equal Employment Opportunity
Commission (EEOC or Commission) to reconsider the decision in Regina
Smith v. United States Postal Service, EEOC Appeal No. 01984983
(October 31, 2000). 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 complaint alleging the agency discriminated against
her on the basis of reprisal (prior EEO activity), when between August
21, 1993, until January 7, 1995, she was not allowed to work her bid
assignment and thereby lost overtime. The prior decision affirmed the
agency's finding of no retaliation because, assuming her union December
1993 grievance constituted EEO activity, she had not established a
causal connection between EEO activity and an adverse action. In that
regard, we noted that complainant averred she was initially denied her
bid assignment in August 1993, four months prior to her union grievance.
In her request for reconsideration, complainant essentially argues that
which she raised on appeal.
After a review of the 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 she engaged in protected activity,
of which her supervisors were aware. She failed to establish a causal
connection between her protected activity and the action at issue.
In light of her failure to establish that the prior decision involved
a clearly erroneous interpretation of material fact or law, we deny her
request for reconsideration. The decision in EEOC Appeal No. 01984983
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
3/27/01
Date