05a50962
08-03-2005
John Biagiotti, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.
John Biagiotti v. United States Postal Service
05A50962
August 3, 2005
.
John Biagiotti,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Request No. 05A50962
Appeal No. 01A42399
Agency No. 4G-760-0055-03
Hearing No. 310-2003-05444X
DENIAL
John Biagiotti (complainant) timely requested reconsideration of
the decision in John Biagiotti v. United States Postal Service, EEOC
Appeal No. 01A42399 (June 8, 2005). 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). However, we remind complainant that
a "request for reconsideration is not a second appeal to the Commission."
Equal Employment Opportunity Management Directive for 29 C.F.R. Part 1614
(rev. Nov. 9, 1999), at 9-17.
In his request complainant contends that the agency did not send an
official with settlement authority to the dispute resolution and violated
the AJ's order. Complainant also reiterates arguments made on appeal.
The agency makes no contentions.
The record reveals that the AJ ordered the agency to attend a mediation
and have an official with full authority to settle the matter or someone
who could contact an official with settlement authority during the
mediation. A mediation was held on October 24, 2003, and a no agreement
letter was issued by the mediator. The letter did not mention that the
agency failed to send a representative without settlement authority.
There is no record that complainant raised this issue with the AJ.
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. The decision in EEOC Appeal No. 01A42399 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
August 3, 2005
__________________
Date