05a10130
03-23-2001
Barbara A. Reisinger, Complainant, v. William J. Henderson, Postmaster General, United States Postal Service, Agency.
Barbara A. Reisinger v. United States Postal Service
05A10130
03-23-01
.
Barbara A. Reisinger,
Complainant,
v.
William J. Henderson,
Postmaster General,
United States Postal Service,
Agency.
Request No. 05A10130
Appeal No. 01A01987
Agency No. 4B-140-0084-98
Hearing No. 160-A0-8084X
DECISION ON REQUEST TO RECONSIDER
On November 24, 2000, Barbara A. Reisinger (complainant) timely
initiated a request to the Equal Employment Opportunity Commission to
reconsider the decision in Barbara A. Reisinger v. William J. Henderson,
Postmaster General, United States Postal Service, EEOC Appeal No. 01A01987
(November 16, 2000). EEOC regulations provide that the Commissioners
may, in their discretion, reconsider any previous decision where the
party demonstrates that: (1) the previous decision involved a clearly
erroneous interpretation of material fact or law; or (2) the decision
will have a substantial impact on the policies, practices or operation
of the agency. 29 C.F.R. � 1614.405(b). Having reviewed complainant's
request,<1> we find that the request fails to meet any of the criteria of
29 C.F.R. � 1614.405(b), and it is the decision of the Commission to deny
the request. The decision of the Commission in EEOC Appeal No. 01A01987
(November 16, 2000) remains the Commission's final decision. There is no
further right of administrative appeal from a decision of the Commission
on a request for reconsideration.
STATEMENT OF COMPLAINANT'S RIGHTS - ON 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
___03-23-01_______________
Date
1Complainant's claim of ongoing harassment
for ten years is not shown where she has failed to successfully maintain
a finding of discrimination from any of her more than 50 complaints.
Further, as noted by the Administrative Judge, complainant's filing
of numerous complaints that raise the same or similar issues may be
a misuse of the EEO processes, and the agency should consider whether
subsequent complaints may be dismissed as an abuse of process. See 29
C.F.R. � 1614.107(a)(9).