05A30857_r
08-05-2003
James W. Watson, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.
James W. Watson v. United States Postal Service
05A30857
August 5, 2003
.
James W. Watson,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Request No. 05A30857
Appeal No. 01A31153
Agency Nos. 1-J-603-0039-01
1-J-603-0048-01
Hearing Nos. 210-A2-6064X
210-A2-6042X
DENIAL OF REQUEST FOR RECONSIDERATION
James W. Watson (complainant) timely initiated a request to the Equal
Employment Opportunity Commission (EEOC or Commission) to reconsider
the decision in James W. Watson v. United States Postal Service, EEOC
Appeal No. 01A31153 (April 16, 2003). <1>
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 29 C.F.R. � 1614.405(b).
After a review of complainant's request for reconsideration, 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. The decision in EEOC
Appeal No. 01A31153 remains the Commission's final decision. There is no
further right of administrative appeal on the decision of the Commission
on this 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
August 5, 2003
__________________
Date
1In his statement, complainant also contends
that the Commission erred in affirming the agency's dismissal of
complaint no. 1-J-603-0042-02 in Watson v. U.S. Postal Service, EEOC
Appeal No. 01A24425 (January 9, 2003). However, review of Commission
records reflect that the complainant previously filed a request
for reconsideration of this decision, which the Commission denied.
Watson v. USPS, EEOC Request No. 05A30770 (May 30, 2003).