05A10835
10-10-2001
Maryella Lockett, Complainant, v. John E. Potter, Postmaster General, United States Postal Service (Great Lakes Area), Agency.
Maryella Lockett v. United States Postal Service
05A10835
October 10, 2001
.
Maryella Lockett,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service
(Great Lakes Area),
Agency.
Request No. 05A10835
Appeal No. 01A12353
Agency Nos. 4-J-606-0118-97 4-J-606-0034-99 4-J-606-0038-99
Hearing Nos. 210-A0-6151X 210-A0-6152X 210-A06153X
DENIAL OF REQUEST FOR RECONSIDERATION
Complainant initiated a request to the Equal Employment Opportunity
Commission (EEOC or Commission) to reconsider the decision in Maryella
Lockett v. United States Postal Service, EEOC Appeal No. 01A12353
(May 30, 2001). 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).
After a review of complainant's request for reconsideration, 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. Complainant's principal
ground for requesting reconsideration is her contention the Administrative
Judge (AJ) made incorrect factual findings on the basis of evidence
presented at the hearing. Complainant argues that the AJ improperly
credited the testimony of witnesses who contradicted themselves and
discredited that of witnesses who were believable.
Pursuant to 29 C.F.R. � 1614.405(a), all post-hearing factual
findings by an AJ will be upheld if supported by substantial evidence
in the record. Substantial evidence is defined as such relevant
evidence as a reasonable mind might accept as adequate to support a
conclusion. Universal Camera Corp. v. National Labor Relations Board,
340 U.S. 474, 477 (1951) (citation omitted). Credibility determinations,
in particular, are entitled to deference due to the AJ's first-hand
knowledge, through personal observations, of the demeanor and conduct of
the witnesses at the hearing. Esquer v. United States Postal Service,
EEOC Request No. 05960096 (September 6, 1996); Willis v. Department of
the Treasury, EEOC Request No. 05900589 (July 26, 1990). In this case
we cannot say that the AJ's factual findings were unreasonable in light
of the evidence before her. In particular, the AJ's finding that the
relevant managers were not aware of complainant's prior EEO activity
is supported by direct evidence and reasonable inferences that may be
drawn from circumstantial evidence in the record.
For the foregoing reasons, the decision in EEOC Appeal No. 01A12353
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
October 10, 2001
__________________
Date