Whittaker Jones, Complainant,v.John E. Potter, Postmaster General, United States Postal Service, (Headquarters), Agency.

Equal Employment Opportunity CommissionJun 4, 2004
05A40749 (E.E.O.C. Jun. 4, 2004)

05A40749

06-04-2004

Whittaker Jones, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, (Headquarters), Agency.


Whittaker Jones v. United States Postal Service

05A40749

June 4, 2004

.

Whittaker Jones,

Complainant,

v.

John E. Potter,

Postmaster General,

United States Postal Service,

(Headquarters),

Agency.

Request No. 05A40749

Appeal No. 01A33127

Agency No. HO012901

DENIAL OF REQUEST FOR RECONSIDERATION

Whittaker Jones (complainant) timely initiated a request to the Equal

Employment Opportunity Commission (EEOC or Commission) to reconsider

the decision in Whittaker Jones v. United States Postal Service, EEOC

Appeal No. 01A33127 (March 29, 2004). 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). However, we remind complainant that a �request

for reconsideration is not a second appeal to the Commission.� Equal

Employment Opportunity Management Directive for 29 C.F.R. Part 1614

(rev. Nov. 9, 1999), at 9-17.

In his request for reconsideration, complainant reiterates arguments

previously made on appeal. This Commission carefully considered all

of the record evidence at the time it rendered the initial decision in

question, and complainant has offered no persuasive reason why this

decision should be reconsidered now. Therefore, 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. The decision in EEOC Appeal No. 01A33127

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

June 4, 2004

__________________

Date