David W. Smith,
Complainant,

v. 

John E. Potter,
Postmaster General,
United States Postal Service,
(Headquarters),
Agency.

Request No. 05A60754

Appeal No. 01A60355

Hearing No. 100A50443x

Agency No. HO000009201

DENIAL

Complainant timely requested reconsideration of the decision in David
W. Smith v. United States Postal Service, EEOC Appeal No. 01A60355 (April
28, 2006).  EEOC Regulations provide that the Commission may, in its
discretion, grant a request to 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).
However, we remind complainant that a "request for reconsideration is
not a second appeal to the Commission."  Equal Employment Opportunity
Management Directive for 29 C.F.R. Part 1614 (rev. Nov. 9, 1999), at
9-17.

In his request, complainant restates arguments previously made.
He additionally makes the following principal contentions:

(1) The appellate decision's reliance on "similarly situated" employees
must be broadened given the circumstances of the case.  

(2) The appellate decision misconstrued the comparison of employees on
leave for pregnancy.  

(3) The regulation is clear that requests must be approved by the "Field
Division/General Manager/Postmaster."

(4) It is untrue that complainant did not contact the Personnel Office,
and phone records will indicate that.

(5) The agency sent correspondence to complainant at incorrect or
obsolete mailing addresses by Certified Mail, but provides no evidence
of complainant's signature or the signature of complainant's agent
indicating receipt. 

(6) The timing of events is of key importance; namely, he was terminated
just before consideration of an early retirement option for senior
employees was announced.  

This Commission carefully considered all of the record evidence at the
time it rendered the initial decision in question, and complainant has
offered no persuasive reason why this decision should be reconsidered now.
Therefore, after reconsidering 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. 01A60355 remains the
Commission's final decision.  There is no further right of administrative
appeal on the decision of the Commission on this request.

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

June 26, 2006
__________________
Date

3
05A60754





U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P. O. Box 19848
Washington, D.C.  20036