05A20785
08-02-2002
Irma J. Wolinski, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, (Southeast Area), Agency.
Irma J. Wolinski v. United States Postal Service
05A20785
August 2, 2002
.
Irma J. Wolinski,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
(Southeast Area),
Agency.
Request No. 05A20785
Appeal No. 01A10451
Agency No. 1H321008499
Hearing No. 150998736X
DENIAL OF REQUEST FOR RECONSIDERATION
Irma J. Wolinski (complainant) timely initiated a request to the Equal
Employment Opportunity Commission (EEOC or Commission) to reconsider
the decision in Irma J. Wolinski v. United States Postal Service, EEOC
Appeal No. 01A10451 (April 11, 2002). 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 the underlying complaint, complainant alleged that she was
discriminated against on the bases of her race (White) and sex (female)
when:
(1) On February 12, 1999, she was threatened with discipline after
discussing an incident between herself and another employee;
On February 16, 1999, management failed to rectify disputes between
herself and a co-worker involving a fan blowing too much on her, and
the use of �rubber fingers�;
On February 19, 1999, management failed to take action against other
employees for harassing her;
On March 11, 1999, she was placed on administrative leave for six
hours; and,
Sometime in March 1999, she was placed in an indefinite status.
In her request for reconsideration, complainant primarily restates
arguments made below, and also submits an audio tape which she states
she submitted to the agency and the AJ.<1>
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. 01A10451 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
August 2, 2002
__________________
Date
1 In attempting to review the audio tape, it was found to be
unintelligible.