05a50416
07-20-2005
Gary Somerville, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.
Gary Somerville v. United States Postal Service
05A50416
July 20, 2005
.
Gary Somerville,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Request No. 05A50416
Appeal No. 01A45980
Agency No. 4G-760-0056-03
Hearing No. 310-2003-05480X
DENIAL
Gary Somerville (complainant) timely requested reconsideration of
the decision in Gary Somerville v. United States Postal Service, EEOC
Appeal No. 01A45980 (December 14, 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. Sec. 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. Sec. 1614.405(b), and it is the decision of the Commission
to deny the request. The gravamen of complainant's complaint was
his contention that his supervisors were subjecting him to excessive
scrutiny on his delivery route. The agency explained that complainant
was scrutinized because he took longer than other carriers to deliver
his route. Complainant did not dispute this. In fact, he admits to
having �problems� with his �work habits.� He has simply failed to adduce
any evidence to support his claim of discrimination. For this reason
the decision in EEOC Appeal No. 01A45980 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. Sec. 2000e et seq.;
the Rehabilitation Act of 1973, as amended, 29 U.S.C. Secs. 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 20, 2005
__________________
Date