Rhonda J. Oliver, Complainant,v.John E. Potter, Postmaster General, United States Postal Service, Agency.

Equal Employment Opportunity CommissionAug 15, 2006
05A60623 (E.E.O.C. Aug. 15, 2006)

05A60623

08-15-2006

Rhonda J. Oliver, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.


Rhonda J. Oliver,

Complainant,

v.

John E. Potter,

Postmaster General,

United States Postal Service,

Agency.

Request No. 05A60623

Appeal No. 01A54127

Agency No. 4H390009099

DENIAL

Complainant timely requested reconsideration of the decision in Rhonda J.

Oliver v. United States Postal Service, EEOC Appeal No. 01A54127 (March 3,

2006). 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).

The appellate decision involved a settlement agreement which provided in

pertinent part, that: (1) Management will insure that all information

provided to the Office of Workers' Compensation Programs (OWCP) concerning

complainant will be accurate.

In an April 15, 2005, FAD, the agency concluded that it did not breach the

agreement based on information it provided in an affidavit from a Human

Resource Specialist in Injury Compensation that explained the facts

surrounding the agreement. The Commission affirmed the agency's FAD. The

Commission found that complainant had not shown a breach of the settlement

agreement with respect to provision (1). The Commission found that

complainant provided nothing more than bare assertions that the agency had

breached the provision. Moreover, the Commission found that the agency had

shown through an affidavit that the information sent to OWCP was correct.

In her request for reconsideration, complainant requests that the

Commission not make a final decision regarding this matter and that the

time limits be extended because she has requested a copy of the file from

the agency but has not received it. Complainant maintains that OWCP issued

a decision based on incorrect calculations of her salary. Finally,

complainant contends that there are many facts involving the calculations

provided to OWCP that need to be clarified.

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 Commission finds that complainant has not shown that the appellate

decision involved a clearly erroneous interpretation of material fact or

law; or that the decision will have a substantial impact on the policies,

practices or operations of the agency. At the outset, we note that the

delay complainant seeks is not provided for in the Commission's

regulations. All arguments, statements and other materials supporting a

reconsideration request must be submitted at the time the request is

filled. As such, an extension of time is not granted. With respect to

complainant's allegations, the Commission finds that other than

complainant's own contentions, she has not provided any evidence that the

salary calculations were incorrect. Complainant has merely indicated that

she has questions about how the calculations were determined. The

Commission finds that complainant's questions, absent evidence, does not

establish that the agency provided inaccurate information to the OWCP.

Accordingly, the decision in EEOC Appeal No. 01A54127 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

_____8-15-06_____________

Date