0520070851
09-21-2007
David A. Waselesion, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, (Eastern Area) Agency.
David A. Waselesion,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
(Eastern Area)
Agency.
Request No. 0520070851
Appeal No. 0120071457
Agency No. 1C441006006
DENIAL
Complainant timely requested reconsideration of the decision in David
A. Waselesion v. United States Postal Service, EEOC Appeal No. 0120071457
(July 19, 2007). 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 a review of 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 his request, complainant argues that the previous
decision was based on an incomplete record which did not include the
testimony of witnesses who supported his case. The Commission's previous
decision already considered whether the record was sufficient for the
EEOC Administrative Judge to render a decision by summary judgment.
Complainant has presented no argument or evidence that the Commission's
finding that the record was sufficient was based on error. Complainant
further argues that certain similarly situated co-workers were treated
more favorably, however, the Commission has already considered whether
these employees were similarly situated under the circumstances and
as such, restating it in this request does not meet the criteria
for granting reconsideration. For these reasons, the decision in
EEOC Appeal No. 0120071457 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
9/21/07
Date
2
0520070851
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P. O. Box 19848
Washington, D.C. 20036
2
0520070851