05A20291
07-25-2002
Duke Sharp, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, (Pacific Area), Agency.
Duke Sharp v. United States Postal Service
05A20291
July 25, 2002
.
Duke Sharp,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
(Pacific Area),
Agency.
Request No. 05A20291
Appeal No. 01986652
Agency No. 4F-926-0061-97
Hearing No. 340-97-3991X
DENIAL OF REQUEST FOR RECONSIDERATION
On January 15, 2002, Duke Sharp (hereinafter referred to as complainant)
initiated a request to the Equal Employment Opportunity Commission
(Commission) to reconsider the decision in Duke Sharp v United
States Postal Service, EEOC Appeal No. 01986652 (January 21, 2000).
EEOC Regulations provide that the Commission may, in its 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). A request for reconsideration must be filed within 30 days
of receipt of the previous appellate decision. 29 C.F.R. �1614.405(b).
A request is timely filed if received or postmarked before the expiration
of the applicable filing period, or, in the absence of a legible postmark,
received within five days of the expiration of the filing period. 29
C.F.R. �1614.604(b).
As stated, the previous decision was issued on January 21, 2000. The
previous decision included a statement of rights notifying complainant of
the time limit to initiate a request for reconsideration. Nevertheless,
complainant did not submit his request until January 2002. Complainant
has failed to submit any justification for extending the filing period
beyond 30 days. 29 C.F.R. �1614.604(c). Accordingly, his request for
reconsideration is untimely. The Commission's decision in EEOC Appeal
No. 01986652 (January 21, 2000) remains the Commission's final decision
in this matter. There is no further right of administrative appeal from
a decision of the Commission 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
July 25, 2002
__________________
Date