05A10684_r
09-07-2001
Valerie Lewis, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.
Valerie Lewis v. U.S. Postal Service
05A10684
September 7, 2001
.
Valerie Lewis,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Request No. 05A10684
Appeal No. 01991948
Agency No. 4-H-327-1011-96
DENIAL OF REQUEST FOR RECONSIDERATION
The complainant initiated a request to the Equal Employment Opportunity
Commission (EEOC or Commission) to reconsider the decision in Valerie
Lewis v. U.S. Postal Service, EEOC Appeal No. 01991948 (April 10, 2001).
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 her request for reconsideration, in pertinent part, complainant
claims that the Commission failed to consider fully all of the arguments
in her appeal statement. Specifically, complainant claims that the
Commission relied only on the agency's articulation of her claims and,
in particular, failed to address her contention that the agency engaged
in the obstruction of justice as an aspect of many of her claims.
Although the previous decision does not specifically make reference to
many of the arguments in complainant's appeal statement, we find that the
record supports the decision reached by the Commission, and we find no
error as claimed by complainant. Specifically, review of the record,
including the EEO Counselor's report; the supplemental EEO Counselor's
report Ordered by the Commission; and the many written statements and
claims submitted by complainant during the course of processing this
complaint, confirms that the previous decision correctly framed the
claims in the instant complaint. See Lewis v. U.S. Postal Service,
EEOC Appeal No. 01963397 (February 20, 1997) and Lewis v. U.S. Postal
Service, EEOC Appeal No. 01975006 (August 5, 1998). Moreover,
while the previous decision does not specifically make reference to
complainant's �obstruction of justice� claims, nor many of her other
claims and statements, we note that all of complainant's contentions
were carefully considered by the Commission, and find that the decision
was based on the evidence relevant to the issues on appeal.
After a review of the 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. 01991948 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
September 7, 2001
__________________
Date