05a50561
04-29-2005
Jaspen S. Wells, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.
Jaspen S. Wells v. United States Postal Service
05A50561
04-29-05
.
Jaspen S. Wells,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Request No. 05A50561
Appeal No. 01A50077
Agency No. 1C-441-0047-04
DENIAL
Jaspen S. Wells (complainant) requested reconsideration of the decision in
Jaspen S. Wells v. United States Postal Service, EEOC Appeal No. 01A50077
(January 10, 2005).<1> EEOC Regulations provide that the Commission may,
in its discretion, grant a request to 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).
After reconsidering 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.<2> The decision in EEOC Appeal No. 01A50077 remains the
Commission's final decision. There is no further right of administrative
appeal on the decision of the Commission on this request.
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
____04-29-05______________
Date
1 While the record remains unclear as to
whether complainant filed his request to reconsider in a timely manner,
the Commission has reviewed this request in accordance with 29 C.F.R. �
1614.405(b).
2 Complainant provides a decision from a Merit Systems Protection
Board (MSPB) Administrative Judge (AJ) in his request to reconsider.
The MSPB decision reflects that, based upon complainant's motion, the
MSPB AJ dismissed without prejudice complainant's mixed case appeal.
Since complainant first filed a mixed case appeal with the MSPB, the
Commission finds that complainant elected to proceed in that forum,
and he must exhaust the administrative processing in that forum. See 29
C.F.R. � 1614.302(b). If and when complainant re-files his mixed case
appeal with the MSPB and receives a final decision from the MSPB, then
he will have the right to file a petition for review with the Commission
from that final decision of the MSPB. See 29 C.F.R. � 1614.303(a).