Sandra S. Andrews, Complainant,v.John E. Potter, Postmaster General, United States Postal Service, Agency.

Equal Employment Opportunity CommissionNov 4, 2004
05a50004 (E.E.O.C. Nov. 4, 2004)

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.