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