05A31242
09-24-2003
Gerard Simone, Complainant, v. John E. Potter, Postmaster General, United States Postal Service (New York Metro Area), Agency.
Gerard Simone v. United States Postal Service
05A31242
September 24, 2003
.
Gerard Simone,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service
(New York Metro Area),
Agency.
Request No. 05A31242
Appeal No. 01A24676
Agency No. 4A-070-0124-99
Hearing No. 170-A1-8607X
DENIAL OF REQUEST FOR RECONSIDERATION
Gerard Simone (complainant) timely initiated a request to the Equal
Employment Opportunity Commission (EEOC or Commission) to reconsider
the decision in Gerard Simone v. United States Postal Service, EEOC
Appeal No. 01A24676 (July 28, 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).
In his underlying complaint, complainant alleged that he was harassed by
management officials in violation of Title VII of the Civil Rights Act
of 1964, as amended, 42 U.S.C. � 2000e et seq., the Age Discrimination in
Employment Act of 1967 , as amended, 29 U.S.C. � 621 et seq., and Section
501 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. � 791 et seq.
Complainant requested a hearing. An EEOC Administrative Judge (AJ)
issued a decision after a hearing, finding no discrimination. The agency
adopted the AJ's decision. On appeal, the Commission determined that
the agency appropriately adopted the AJ's finding of no discrimination.
In his request for reconsideration, complainant made numerous allegations
of errors made by the AJ and agency. We find, however, after a review of
complainant's request for reconsideration, the previous decision, and the
entire record, that this 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. 01A24676 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
September 24, 2003
__________________
Date