05a10794
11-07-2001
Linda O. Strange, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.
Linda O. Strange v. United States Postal Service
05A10794
11-07-01
.
Linda O. Strange,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Request No. 05A10794
Appeal No. 01A12193
Agency No. 4D-280-0069-99
Hearing No. 140-99-8277X
DECISION
On June 14, 2001, Linda O. Strange (complainant) timely initiated a
request to the Equal Employment Opportunity Commission (the Commission)
to reconsider the decision in Linda O. Strange v. William J. Henderson,
Postmaster General, United States Postal Service, EEOC Appeal No. 01A12193
(May 15, 2001). EEOC regulations provide that the Commission may,
in its discretion, reconsider any previous decision where the party
demonstrates that: (1) the previous decision involved a 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). For the reasons set forth below,
the complainant's request is denied.
Complainant filed a formal complaint on April 9, 1999, alleging
discrimination based on reprisal for prior EEO activity pursuant to Title
VII when her reporting time was changed from 9:30 a.m. to 10:00 a.m.
The agency explained that it changed complainant's starting time to have
additional personnel available later in the day when the mail volume
was heavier. An EEOC Administrative Judge issued a decision without a
hearing finding no discrimination.
In her request, complainant asserted that the work level was insufficient
to justify a change in her starting time and that the change violated her
seniority; however, she presented no evidence in support. In order to
merit the reconsideration of a prior Commission decision, the requesting
party must submit written argument that tends to establish that at least
one of the criteria of 29 C.F.R. � 1614.405(b) is met. The Commission's
scope of review on a request for reconsideration is narrow and is not
merely a form of a second appeal. Lopez v. Department of the Air Force,
EEOC Request No. 05890749 (September 28, 1989); Regensberg v. USPS,
EEOC Request No. 05900850 (September 7, 1990).
After a careful review of the record, the Commission finds that the
complainant's request does not meet the regulatory criteria of 29
C.F.R. � 1614.405(b). The decision of the Commission in EEOC Appeal
No. 01A12193 (May 15, 2001) remains the Commission's final decision.
There is no further right of administrative appeal from a decision of
the Commission on a request for reconsideration.
STATEMENT OF COMPLAINANT'S RIGHTS - ON 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
___11-07-01_______________
Date