05a51056
09-09-2005
Craig E. Westbrooks, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, (Eastern Area) Agency.
Craig E. Westbrooks v. United States Postal Service
05A51056
September 9, 2005
Craig E. Westbrooks,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
(Eastern Area)
Agency.
Request No. 05A51056
Appeal No. 01A52757
Agency No. 05A51056
DENIAL
Craig E. Westbrooks (complainant) timely requested reconsideration of
the decision in Craig E. Westbrooks v. United States Postal Service,
EEOC Appeal No. 01A52757 (June 10, 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. In our previous decision, the Commission affirmed the
agency's decision to dismiss the complaint for untimely contact with
an EEO counselor as well as other grounds. We noted that complainant
failed to assert any reason why the time limitations should not apply
to his case.
Complainant now argues that the time limitations should be waived because
the agency's actions lulled him into not seeking EEO counseling in a
timely manner. The Commission concludes that complainant should have
raised this argument in his appeal below. To raise such an argument for
the first time in his request for reconsideration is not persuasive and
is insufficient to warrant reconsideration. Therefore, the decision
in EEOC Appeal No. 01A52757 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
September 9, 2005
__________________
Date