05A20806
08-06-2002
Tommy L. Barnes, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.
Tommy L. Barnes v. United States Postal Service
05A20806, 05A20808
August 6, 2002
.
Tommy L. Barnes,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Request Nos. 05A20806, 05A20808
Appeal Nos. 01A13457, 01A20871
Agency No. 1-G-754-0045-97
DENIAL OF REQUEST FOR RECONSIDERATION
Tommy L. Barnes (complainant) timely initiated a request to the Equal
Employment Opportunity Commission (EEOC or Commission) to reconsider the
decision in Tommy L. Barnes v. United States Postal Service, EEOC Appeal
Nos. 01A13457, 01A20871 (April 25, 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).
Complainant failed to provide any evidence that an applicant from
outside of his protected class received favorable treatment, nor any
other indicia of unlawful employment discrimination on his protected
bases. The Commission notes that it has no jurisdiction over Veterans
Preference issues.
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 the Commission
denies the request. The decision in EEOC Appeal Nos. 01A13457, 01A20871
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 6, 2002
__________________
Date