05a00060
03-16-2000
Myrna Simpson-Rogers, Complainant, v. William J. Henderson, Postmaster General, United States Postal Service, Agency.
Myrna Simpson-Rogers v. United States Postal Service
05A00060
March 16, 2000
Myrna Simpson-Rogers, )
Complainant, )
) Request No. 05A00060
v. ) Appeal No. 01971088
) Agency No. 1H-302-1049-95
) Hearing No. 110-96-8246X
William J. Henderson, )
Postmaster General, )
United States Postal Service, )
Agency. )
____________________________________)
DENIAL OF REQUEST FOR RECONSIDERATION
On October 13, 1999, The United States Postal Service (agency) initiated
a request to the Equal Employment Opportunity Commission (Commission)
to reconsider the decision in Myrna Simpson-Rogers v. United States
Postal Service , EEOC Appeal No. 01971088 (August 26, 1999).<1> EEOC
Regulations provide that the Commissioners may, in their 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, 37,654 (1999)
(to be codified and hereinafter referred to as 29 C.F.R. � 1614.405(b)).
After a review of agency's request for reconsideration, the Commission
finds that agency received the Commission's previous decision on
September 1, 1999 and filed a request for reconsideration on October
13, 1999. Volume 64 Fed. Reg. 37,644, 37,659 (1999) (to be codified
at and hereinafter referred to as 29 C.F.R. � 1614.402(a)), provides
in relevant part, that either party must file his or her request for
reconsideration within thirty days of receipt of the decision on appeal.
Here, the Commission finds that the agency did not file its request for
reconsideration within the thirty days allotted pursuant to 29 C.F.R. �
1614.604. Furthermore, the agency has not provided any reasons on
request why the limitations period should be extended pursuant to Fed.
Reg. 37,644, 37,661 (1999) (to be codified at 29 C.F.R. � 1614.604).
Therefore, it is the decision of the Commission to deny the agency's
request. The decision in EEOC Appeal No. 01971088 (August 26, 1999)
remains the Commission's final decision. There is no further right of
administrative appeal on a decision of the Commission on this Request
for Reconsideration.
COMPLAINANT'S RIGHT TO FILE A CIVIL ACTION (P1199)
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:
March 16, 2000
DATE Carlton M. Hadden, Acting Director
Office of Federal Operations
CERTIFICATE OF MAILING
For timeliness purposes, the Commission will presume that this decision
was received within five (5) calendar days after it was mailed. I certify
that this decision was mailed to complainant, complainant's representative
(if applicable), and the agency on:
_____________ ________________________
Date Equal Employment Assistant
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.