05a50708
04-28-2005
Patti B. Foster, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.
Patti B. Foster v. United States Postal Service
05A50708
04-28-05
.
Patti B. Foster,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Request No. 05A50708
Appeal No. 01A51274
Agency No. 4H-370-0044-01
DENIAL
Patti B. Foster (complainant) timely requested reconsideration of
the decision in Patti B. Foster v. United States Postal Service, EEOC
Appeal No. 01A51274 (February 25, 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. 01A51274 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
____04-28-05______________
Date
1 In her request to reconsider (RTR),
complainant states that she �believes strongly in her mind� that her
supervisor (early 30s) treated her in an abusive manner. She further
maintains that her supervisor withheld information relating to an
on-the-job injury. Despite complainant's contentions, the record
reflects that the only issue raised in the formal complaint is that of
her work hours being cut due to improper mail counts. Moreover, there
is no evidence in the file that complainant objected to the agency's
identification of the issue. It is inappropriate for complainant to
raise these new issues for the first time as part of her appeal or on RTR.
See Hubbard v. Department of Homeland Security, EEOC Appeal No. 01A40449
(April 22, 2004).