05A40782
06-04-2004
Michael L. Dinger, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, (Great Lakes Area), Agency.
Michael L. Dinger v. United States Postal Service
05A40782
June 4, 2004
.
Michael L. Dinger,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
(Great Lakes Area),
Agency.
Request No. 05A40782
Appeal No. 01A33383
Agency No. 1J-475-0005-01
Hearing No. 240-A2-5114X
DENIAL OF REQUEST FOR RECONSIDERATION
Michael L. Dinger (complainant) timely initiated a request to the Equal
Employment Opportunity Commission (EEOC or Commission) to reconsider
the decision in Michael L. Dinger v. United States Postal Service, EEOC
Appeal No. 01A33383 (April 19, 2004). 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).
In his complaint, complainant alleged that he was discriminated against
on the bases of race and color (marriage to African-American/Black woman)
and disability, in violation of Title VII of the Civil Rights Act of 1964
(Title VII), as amended, 42 U.S.C. � 2000e et seq., and Section 501 of the
Rehabilitation Act of 1973 (Rehabilitation Act), as amended, 29 U.S.C. �
791 et seq., when effective May 19, 2001, he was removed from employment.
In our previous decision, we affirmed the AJ's decision finding of no
discrimination. The AJ found that the agency articulated legitimate
non-discriminatory reasons for complainant's removal. Specifically, the
AJ found that complainant was removed from his employment for willfully
impairing the proper operation of a Small Barcode Sorting Machine and
falsifying government documentation. In his request, complainant restates
the same arguments as on appeal. This Commission carefully considered
all of the record evidence at the time it rendered the initial decision
in question, and complainant has offered no persuasive reason why this
decision should be reconsidered now.
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. 01A33383 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:
June 4, 2004
______________________________ __________________
Carlton M. Hadden, Director
Office of Federal Operations