05970820
06-14-2000
Gladys A. Zimmerle, Complainant, William J. Henderson, Postmaster General, United States Postal Service, (Southeast/Southwest Area), Agency.
Gladys A. Zimmerle v. United States Postal Service
05970820
June 14, 2000
Gladys A. Zimmerle, )
Complainant, )
)
) Request No. 05970820
) Appeal No. 01952207
William J. Henderson, ) Agency No. 4-G-780-1053-94
Postmaster General, )
United States Postal Service, )
(Southeast/Southwest Area), )
Agency. )
)
DENIAL OF REQUEST TO RECONSIDER
On June 3, 1997, the complainant timely initiated a request to the Equal
Employment Opportunity Commission (Commission) to reconsider the decision
in Zimmerle v. United States Postal Service, (Southeast/Southwest Area),
EEOC Appeal No. 01952207 (April 25, 1997). The decision was received
by the complainant on May 7, 1997. EEOC Regulations provide that the
Commission may, in its discretion, 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 64
Fed. Reg. 37,644, 37,659 (1999) (to be codified and hereinafter referred
to as 29 C.F.R. � 1614.405(b)).<1>
After a review of the complainant's request for reconsideration,
the agency's response thereto, the previous decision, and the entire
record, the Commission finds that the complainant's 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 complainant's request. The decision in EEOC
Appeal No. 01952207 remains the Commission's final decision.
COMPLAINANTS' RIGHT TO FILE A CIVIL ACTION (P0400)
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:
June 14, 2000
Date Carlton M. Hadden, Acting Director
Office of Federal Operations
1On November 9, 1999, revised regulations governing the EEOC's federal
sector complaint process went into effect. These regulations apply to all
federal sector EEO complaints pending at any stage in the administrative
process. Consequently, the Commission will apply the revised regulations
found at 64 Fed. Reg. 37,644 (1999), where applicable, in deciding the
present appeal. The regulations, as amended, may also be found at the
Commission's website at www.eeoc.gov.