05A40081
12-01-2003
Dennis L. Walz, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, (Eastern Area), Agency.
Dennis L. Walz v. United States Postal Service
05A40081
December 1, 2003
.
Dennis L. Walz,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
(Eastern Area),
Agency.
Request No. 05A40081
Appeal No. 01A24385
Agency No. 4-C-400-0018-02
DENIAL OF REQUEST FOR RECONSIDERATION
Dennis L. Walz (complainant) timely initiated a request to the Equal
Employment Opportunity Commission (EEOC or Commission) to reconsider the
decision in Dennis L. Walz v. United States Postal Service, EEOC Appeal
No. 01A24385 (September 30, 2003). 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).
A review of the record establishes that complainant alleged that he was
discriminated against on the bases of sex (male), age (D.O.B. 2/6/57) and
reprisal for prior EEO activity when, in 2001, he bid on another route,
his route was adjusted in accordance with postal operations and he was
verbally abused and harassed by management. The agency issued a final
agency decision (FAD) concluding that complainant was not an aggrieved
employee because he did not suffer a personal loss or harm with respect
to a term, condition or privilege of employment. Upon complainant's
appeal, the Commission agreed with the agency's dismissal of complainant's
allegations. In so finding, the Commission found that complainant did
not establish that he was an aggrieved employee, nor did he establish that
the agency subjected him to a hostile work environment. See Walz, supra.
Complainant then filed the instant Request for Reconsideration, restating
the contentions he made on appeal before the Commission.
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. The decision in EEOC
Appeal No. 01A24385 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
December 1, 2003
__________________
Date