05A31121_05A31122
09-30-2003
John T. Harvey; Stephanie Kelly; Lois A. Wallace; Patricia A. Floyd, Complainants, v. John E. Potter, Postmaster General, United States Postal Service, (Capital-Metro Area), Agency.
John T. Harvey; Stephanie Kelly; Lois A. Wallace; Patricia A. Floyd
v. USPS
05A31124; 05A31121; 05A31123; 05A31122
September 30, 2003
.
John T. Harvey; Stephanie Kelly; Lois A. Wallace; Patricia A. Floyd,
Complainants,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
(Capital-Metro Area),
Agency.
Request Nos. 05A31124; 05A31122; 05A31121; 05A31123
Appeal Nos. 07A10074; 07A10113; 07A10091; 07A10092
Agency Nos. 4K-200-0116-98; 4K-200-0179-98; 4K-200-0196-98; 4K-200-0197-98
Hearing Nos. 100-A0-7250X; 100-A0-7309X; 100-99-8284X; 100-99-8285X
DENIAL OF REQUEST FOR RECONSIDERATION
John T. Harvey, Stephanie Kelly and Lois A. Wallace (complainants) timely
initiated a request to the Equal Employment Opportunity Commission
(EEOC or Commission) to reconsider the decision in John T. Harvey;
Stephanie Kelly; Lois A. Wallace; Patricia A. Floyd v. United States
Postal Service, EEOC Appeal Nos. 07A10074; 07A10091; 07A10092; 07A10013
(July 11, 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).
However, we remind complainants 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 (rev. Nov. 9, 1999), at 9-17.
This Commission carefully considered all of the record evidence at the
time it rendered the initial decision in question, and complainants have
offered no persuasive reason why this decision should be reconsidered now.
Therefore, after a review of complainants' 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 Nos. 07A10074; 07A10113; 07A10091; and
07A10092 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:
September 30, 2003
______________________________ __________________
Carlton M. Hadden, Director Date
Office of Federal Operations
1 Complainant Patricia Floyd did not submit a separate request for
reconsideration. Nevertheless, since the four complaints have been
previously consolidated and decided together, we will assume that all
complainants have requested reconsideration.