05a60370
02-06-2006
Marc J. Cohen, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.
Marc J. Cohen v. United States Postal Service
05A60370
February 6, 2006
.
Marc J. Cohen,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Request No. 05A60370
Appeal No. 01A55451
Agency No. 4H-330-0167-05
DENIAL
Marc J. Cohen (complainant) timely requested reconsideration of the
decision in Marc J. Cohen v. United States Postal Service, EEOC Appeal
No. 01A55451 (December 15, 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).
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.<1> The decision in EEOC Appeal No. 01A55451 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
February 6, 2006
__________________
Date
1In his request, complainant challenges
the dates in the previous decision. The record indicates the letter of
removal was issued on January 20, 2004, and the removal was effective
February 6, 2004. Complainant filed a grievance on the matter, and
an arbitrator's decision was issued on March 15, 2005 upholding the
removal. Thereafter complainant contacted the EEO counselor. However,
the filing of a grievance does not toll the time limits for filing an
EEO complaint.