05200800100520080042
10-31-2007
Beverly A. Davis & Andrea L. Carter, Complainants, v. John E. Potter, Postmaster General, United States Postal Service, (Pacific Area), Agency.
Beverly A. Davis & Andrea L. Carter,
Complainants,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
(Pacific Area),
Agency.
Request Nos. 0520080010 & 0520080042
Appeal Nos. 0120072983 & 0120070325
Agency Nos. 4F-900-0135-06 & 4F-900-0148-06
DENIAL
Complainants timely requested reconsideration of the decision in Beverly
A. Davis & Andrea L. Carter v. United States Postal Service, EEOC Appeal
Nos. 0120072983 & 0120070325 (September 11, 2007). 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 complainants 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 their requests, both complainants object to the fact that the
Commission consolidated their appeals, and assert that had they known
their cases were going to be consolidated, they would have requested
a hearing before an EEOC Administrative Judge (AJ). We note however,
that at the conclusion of the investigations of their complaints, each
complainant was notified of her right to request a hearing, but failed
to exercise this option. Upon requesting a hearing, complainants could
have asked the AJ to consolidate the two cases for a single hearing.
We do not find that complainant's arguments concerning the Commission's
decision to consolidate the appeals constitute a reason for the
Commission to reconsider the decision. As noted in the appellate
decision, 29 C.F.R. � 1614.606 permits the consolidation of complaints
filed by different complainants that consist of substantially similar
allegations or allegations related to the same matter. In their requests,
both complainants have again confirmed that their cases are interrelated
because they both involve an issue of overtime, and each complainant
witnessed the discrimination that the other endured.
This Commission carefully considered all of the record evidence at the
time it rendered the initial decision in question, and complainants have
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 requests fail to meet the criteria
of 29 C.F.R. � 1614.405(b), and it is the decision of the Commission
to deny the requests. The decision in EEOC Appeal Nos. 0120072983 &
0120070325 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
October 31, 2007
__________________
Date
3
0520080010
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P. O. Box 19848
Washington, D.C. 20036