Robert L. Perry, Complainant,v.William J. Henderson, Postmaster General, United States Postal Service, Agency.

Equal Employment Opportunity CommissionMar 8, 2000
05970419 (E.E.O.C. Mar. 8, 2000)

05970419

03-08-2000

Robert L. Perry, Complainant, v. William J. Henderson, Postmaster General, United States Postal Service, Agency.


Robert L. Perry v. United States Postal Service

05970419

March 8, 2000

Robert L. Perry, )

Complainant, )

)

v. ) Request No. 05970419

) Appeal No. 01944268

) Agency No. 1-C-1284-93

William J. Henderson, )

Postmaster General, )

United States Postal Service, )

Agency. )

______________________________)

DENIAL OF REQUEST FOR RECONSIDERATION

On August 5, 1996, Robert L. Perry (complainant) initiated a request

to the Equal Employment Opportunity Commission (EEOC) to reconsider the

decision in Perry v. USPS, EEOC Appeal No. 01944268 (June 7, 1995).<1>

In 64 Fed. Reg. 37644, 37659 (1999) (to be codified and hereinafter

referred to as 29 C.F.R. � 1614.405), EEOC regulations provide that the

Commissioners may, in their discretion, reconsider any previous decision

where the party demonstrates that: (1) the previous decision involved

clearly erroneous interpretation of material fact or law; or (2) the

decision will have a substantial impact on the policies, practices,

or operation of the agency. 29 C.F.R. � 1614.405(b).

The previous decision concerned the agency's determination that it had not

breached a Settlement Agreement. One issue was remanded and the agency

was instructed to look as to what settlement agreement complainant

was relying upon with respect to two other claims. Thereafter the

agency issued a final agency decision (FAD) in February 1996 dismissing

the remanded matter. The Commission closed its compliance file on the

remanded matters in May 1996. Complainant filed an appeal from the FAD.

Perry v. United States Postal Service, EEOC Appeal No. 01965736 (August

7, 1997). Thereafter complainant filed the instant request in August

1996, referencing the Commission's letter closing the compliance matter.

In March 1999, the Commission upheld the appeal decision which affirmed

the agency's dismissal of the remanded matters. Perry v. United States

Postal Service, EEOC Request No. 05971053 (March 4, 1999).

Complainant's correspondence dated July 22, 1996, was received in August

1996 and mentions matters involving both EEOC Appeal Nos. 01944268

and 01965736. This correspondence was docketed as the instant request

for reconsideration. By letter to the Commission dated March 17,

1997, complainant reiterated that his "request for reconsideration

was based on factual evidence." Assuming that complainant's August 5,

1996 correspondence constituted a request for reconsideration of Appeal

No. 01944268, we find that the request was untimely. More specifically,

the request for reconsideration was filed more than thirty (30) calendar

days after complainant received the decision in Appeal No. 01944268

and complainant failed to submit adequate justification for extending

the filing period beyond thirty days. See EEOC Regulation � 1614.407.

The Commission notes that complainant cooperated with the agency's

processing of the matter prior to its issuance of the FAD. As such,

any concerns should have been raised during the processing of Appeal

No. 01965736.

Accordingly, complainant's request for reconsideration is denied. The

decision in EEOC Appeal No. 01944268 remains the Commission's

final decision in this manner. There is no further right of

administrative appeal from a decision of the Commission on a request

for reconsideration. Because compliance matters have been closed on this

matter, we are not repeating the previous Order herein.

COMPLAINANT'S RIGHT TO FILE A CIVIL ACTION (P1199)

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:

March 8, 2000

DATE Carlton M. Hadden, Acting Director

Office of Federal Operations

CERTIFICATE OF MAILING

For timeliness purposes, the Commission will presume that this decision

was received within five (5) calendar days after it was mailed. I certify

that this decision was mailed to complainant, complainant's representative

(if applicable), and the agency on:

Date

1On November 9, 1999, revised regulations governing the EEOC's federal

sector complaint process went into effect. These regulations apply to all

Federal sector EEO complaints pending at any stage in the administrative

process. Consequently, the Commission will apply the revised regulations

found at 64 Fed. Reg. 37,644 (1999), where applicable, in deciding the

present appeal. The regulations, as amended, may also be found at the

Commission's website at WWW.EEOC.GOV.