05a50203
01-11-2005
Larry E. Bowlin, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.
Larry E. Bowlin v. United States Postal Service
05A50203
01-11-05
.
Larry E. Bowlin,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Request No. 05A50203
Appeal No. 01A34219
Agency No. 1E-809-0014-02
DECISION ON REQUEST TO RECONSIDER
On October 28, 2004, Larry E. Bowlin (complainant) timely initiated a
request to the Equal Employment Opportunity Commission to reconsider the
decision in Larry E. Bowlin v. John E. Potter, Postmaster General, United
States Postal Service, EEOC Appeal No. 01A34219 (September 29, 2004).
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).
After a review of the 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. 01A34219 remains the Commission's final decision.
There is no further right of administrative appeal on the decision of
the Commission on a request for reconsideration.<1>
STATEMENT OF COMPLAINANT'S RIGHTS - 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
____01-11-05______________
Date
1Disagreements regarding interpretation of the Collective Bargaining
Agreement are more properly challenged in the grievance process.
To the extent that complainant has raised new issues not identified in
his complaint, he is advised that new issues must be brought to an EEO
counselor, if he wishes to pursue any new matter in the EEO process.