05a50004
11-04-2004
Sandra S. Andrews, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.
Sandra S. Andrews v. United States Postal Service
05A50004
11-04-04
.
Sandra S. Andrews,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Request No. 05A50004
Appeal No. 01A43769
Agency Nos. 4C-442-0031-02; 4C-442-0090-02
Hearing Nos. 220-A2-5204X; 220-A3-5071x
DENIAL OF REQUEST FOR RECONSIDERATION
Sandra S. Andrews (complainant) timely initiated a request to the Equal
Employment Opportunity Commission (EEOC or Commission) to reconsider
the decision in Sandra S. Andrews v. United States Postal Service, EEOC
Appeal No. 01A43769 (August 31, 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).
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. 01A43769 remains the Commission's final decision.<1> There
is no further right of administrative appeal on the decision of the
Commission on this request for reconsideration.<2>
STATEMENT OF RIGHTS - 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").
_____________________________
Carlton M. Hadden, Director
Office of Federal Operations
____11-04-04______________
Date
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
______________________________
1To the extent that complainant raised an issue of breach of a settlement
agreement, she is directed to comply with the Commission's regulations.
See 29 C.F.R. � 1614.504 et seq.
2For purposes of analysis, we assume, without finding, that complainant
is a person with a disability.