APPELLANT,
v.
MARVIN T. RUNYON, JR., POSTMASTER GENERAL, UNITED STATES POSTAL SERVICE, (ALLEGHE-NY/MID-ATLANTIC), AGENCY.

Request No. 05950339
Request No. 05940563
Appeal No. 01934091
Agency No. 2-K-2127-92
Hearing No. 220-93-5039X

October 05, 1995

DENIAL OF REQUEST FOR RECONSIDERATION

INTRODUCTION

On January 25, 1995, Appellant (hereinafter referred to as appellant) initiated a timely request to the Equal Employment Opportunity Commission (EEOC) to reconsider the decision in Appellant v. Marvin T. Runyon, Jr., Postmaster General, United States Postal Service, EEOC Request No. 05940563 (January 19, 1995). EEOC Regulations provide that the Commissioners may, in their discretion, reconsider any previous decision, pursuant to 29 C.F.R. § 1614.407(a). The party requesting reconsideration must submit written argument or evidence that tends to establish one or more of the following criteria: 29 C.F.R. §1614.407(c)(1) (new and material evidence is available that was not readily available when the previous decision was issued); 29 C.F.R. § 1614.407(c)(2) (the previous decision involved an erroneous interpretation of law, regulation, or material fact, or a misapplication of established policy); or 29 C.F.R. §1614.407(c)(3) (the decision is of such exceptional nature as to have substantial precedential implications).

After a review of appellant's request to reconsider, the agency's response, the previous decision, and the entire record, the Commission finds that appellant's request fails to meet any of the criteria of 29 C.F.R. § 1614.407(c), and it is the decision of the Commission to deny appellant's request. The decision in EEOC Request No. 05940563 (January 19, 1995) remains the Commission's final decision. There is no further right of administrative appeal on a decision of the Commission on this Request to Reconsider.

STATEMENT OF RIGHTS - ON REQUEST FOR RECONSIDERATION

RIGHT TO FILE A CIVIL ACTION (P0993)

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. It is the position of the Commission that 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. You should be aware, however, that courts in some jurisdictions have interpreted the Civil Rights Act of 1991 in a manner suggesting that a civil action must be filed WITHIN THIRTY (30) CALENDAR DAYS from the date that you receive this decision. To ensure that your civil action is considered timely, you are advised to file it WITHIN THIRTY (30) CALENDAR DAYS from the date that you receive this decision or to consult an attorney concerning the applicable time period in the jurisdiction in which your action would be filed. 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 (Z1092)

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:

Frances M. Hart
Executive Officer
Executive Secretariat