Doyle Edward Sorrell, Jr., Complainant,v.John E. Potter, Postmaster General, United States Postal Service, (Great Lakes Area) Agency.

Equal Employment Opportunity CommissionMar 30, 2005
05a50481 (E.E.O.C. Mar. 30, 2005)

05a50481

03-30-2005

Doyle Edward Sorrell, Jr., Complainant, v. John E. Potter, Postmaster General, United States Postal Service, (Great Lakes Area) Agency.


Doyle Edward Sorrell, Jr. v. United States Postal Service

05A50481

March 30, 2005

.

Doyle Edward Sorrell, Jr.,

Complainant,

v.

John E. Potter,

Postmaster General,

United States Postal Service,

(Great Lakes Area)

Agency.

Request No. 05A50481

Appeal No. 01A45910

Agency No. 1J-484-0013-04

DENIAL

Doyle Edward Sorrell, Jr. (complainant) timely requested reconsideration

of the decision in Doyle Edward Sorrell, Jr. v. United States Postal

Service, EEOC Appeal No. 01A45910 (December 22, 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) (2004).

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 our decision of to deny the request.

In our prior decision, we found that complainant failed to state an

actionable claim. His complaint alleged that the agency breached a

grievance settlement. As noted in that prior decision, �complainant

may not use the EEO process to obtain compliance with a grievance

settlement.� Doyle Edward Sorrell, Jr. v. United States Postal Serv.,

EEOC Appeal No. 01A45910 (Dec. 22, 2004) (citing Ouezada v. United States

Postal Serv., EEOC Request No. 05930175 (Aug. 12, 1993)).

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

time we rendered the initial decision in question, we carefully considered

all of the record evidence. Complainant has offered no persuasive reason

why this decision should be reconsidered now. As such, the decision

in EEOC Appeal No. 01A45910 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:

March 30, 2005

______________________________ __________________

Carlton M. Hadden, Director Date

Office of Federal Operations