05A21099
10-31-2002
Robert D. Davis, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, (Eastern Area), Agency.
Robert D. Davis v. United States Postal Service
05A21099
October 31, 2002
.
Robert D. Davis,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
(Eastern Area),
Agency.
Request No. 05A21099
Appeal No. 01A12591
Agency No. 1D-291-1028-95
DENIAL OF REQUEST FOR RECONSIDERATION
Robert D. Davis (complainant) timely initiated a request to the Equal
Employment Opportunity Commission (EEOC or Commission) to reconsider
the decision in Robert D. Davis v. United States Postal Service, EEOC
Appeal No. 01A12591 (July 16, 2002). 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 the underlying complaint, complainant alleged that he was discriminated
against on the bases of race (Black) and reprisal (for prior EEO activity
under Title VII) in violation of Title VII of the Civil Rights Act of 1964
(Title VII), as amended, 42 U.S.C. � 2000e et seq., when he was told by
his supervisor (S1) that his reporting time would be changed from 11:30
pm to 12:15 am.
On February 6, 2001, the agency issued its final decision finding
no discrimination based on race and/or reprisal. The Commission's
prior appellate decision affirmed this finding. In his request for
reconsideration, complainant requests a new investigation, asserting that
a review of the case file shows that the EEO counselor was not objective
and was biased in the original investigation. The agency presents no
argument in response to this new contention.
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 Commission also notes
that a review of the case file does not support complainant's contention.
Based on the foregoing, the decision in EEOC Appeal No. 01A12591
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:
______________________________
Carlton M. Hadden, Director
Office of Federal Operations
October 31, 2002
__________________
Date