05a50232
01-27-2005
Dennis Drew, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.
Dennis Drew v. United States Postal Service
05A50232
1/27/05
.
Dennis Drew,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Request No. 05A50232
Appeal No. 01A44499
Agency No. 4G-770-0127-04
DENIAL
Dennis Drew (complainant) timely requested reconsideration of the decision
in Dennis Drew v. United States Postal Service, EEOC Appeal No. 01A44499
(November 3, 2004). 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).
Complainant filed a formal complaint alleging he was discriminated
against on the bases of race (Caucasian), sex (male), color (white), age
(54) and reprisal for prior EEO activity when: (1) he was counseled for
being absent without official leave; (2) he was denied leave without pay;
(3) he was denied leave to attend law school; (4) disparaging remarks
were made about his attendance at law school; and (5) he was subjected
to other incidents of harassment. The agency dismissed the complaint as
being untimely filed. The prior decision affirmed the agency's decision.
In his Request, complainant states that the complaint was untimely
filed because his supervisor rescheduled a meeting with complainant's
representative, which pushed his filing date beyond the time limits.
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. It is complainant's responsibility to timely file his
complaint. Complainant failed to establish that the prior decision
involved a clearly erroneous interpretation of material law or fact.
The decision in EEOC Appeal No. 01A44499 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
1/27/05
Date