Myrtis B. Johnson, Complainant,v.John E. Potter, Postmaster General, United States Postal Service, (Headquarters) Agency.

Equal Employment Opportunity CommissionJul 28, 2005
05a50985 (E.E.O.C. Jul. 28, 2005)

05a50985

07-28-2005

Myrtis B. Johnson, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, (Headquarters) Agency.


Myrtis B. Johnson v. United States Postal Service

05A50985

July 28, 2005

.

Myrtis B. Johnson,

Complainant,

v.

John E. Potter,

Postmaster General,

United States Postal Service,

(Headquarters)

Agency.

Request No. 05A50985

Appeal No. 01A43028

Agency No. HO007602

DENIAL

Myrtis B. Johnson (complainant) timely requested reconsideration of

the decision in Myrtis B. Johnson v. United States Postal Service,

EEOC Appeal No. 01A43028 (May 26, 2005). EEOC Regulations provide that

the Commission may, in its discretion, grant a request to 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) (2004).

After reconsidering 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 we deny the request. In our previous

decision, we affirmed the final agency decision because we found that

indeed the facts alleged did not prove discrimination or retaliation.

When we rendered that decision, we reviewed the matter de novo,

carefully considering all of the record evidence. Complainant in

essence now seeks a second appeal, but we remind complainant 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, at 9-17 (rev. Nov. 9, 1999). We limit our review of requests

for reconsideration to determine whether our prior decision meets the

standard set forth above.

Having reviewed our prior decision, the record as well the Attachment

to complainant's request, we conclude that our interpretation of

material facts and law was not clearly in error, and we do not find

that the previous decision overlooked any material evidence. Thus,

we continue to stand behind that decision and find that the arguments

complainant presents in her request fail to give us reason to reconsider

our conclusions. As such, the decision in EEOC Appeal No. 01A43028

remains the Commission's final decision. There is no further right of

administrative appeal on the decision of the Commission on this request.

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:

July 28, 2005

______________________________ __________________

Carlton M. Hadden, Director Date

Office of Federal Operations