Anthony L. Streeter, Complainant,v.John E. Potter, Postmaster General, United States Postal Service, Agency.

Equal Employment Opportunity CommissionNov 6, 2001
01A14555_r (E.E.O.C. Nov. 6, 2001)

01A14555_r

11-06-2001

Anthony L. Streeter, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.


Anthony L. Streeter v. United States Postal Service

01A14555

November 6, 2001

.

Anthony L. Streeter,

Complainant,

v.

John E. Potter,

Postmaster General,

United States Postal Service,

Agency.

Appeal No. 01A14555

Agency No. 4-D-280-0082-01

DECISION

Upon review, the Commission finds that the agency's June 25, 2001 decision

dismissing complainant's complaint was proper pursuant to 29 C.F.R. �

1614.107(a)(2), for untimely EEO Counselor contact. Complainant alleges

that he was discriminated against on the bases of race and retaliation

when: (1) on or about November 11, 2000, he was placed on Enforcement

Leave; (2) on or about September 26, 2000, he was issued a Notice of

Suspension of 14 days or Less for Continued Unsatisfactory Attendance;

(3) on July 27, 2000, Postmaster was verbally abusive and threatening; (4)

on July 20, 2000, his Postmaster questioned him about using the copier,

accused him of passing some type of paperwork, accused him of talking to

the carriers, accused him of loitering and questioning his break time;

(5) on July 17, 2000, a contract mail delivery driver informed him that

management notified him that he would no longer be on Postal premises

during work hours; and (6) on November 29, 1999, his Postmaster requested

his presence in his office where he lashed out at him claiming that he

was not doing his job.

Complainant did not initiate EEO Counselor contact until January 18,

2001, which is beyond the 45 day limitation period for all 6 claims.

Complainant argues on appeal that, although he had prior EEO activity,

he was unaware of the time frames to initiate EEO Counselor contact.

However, the record contains two affidavits, one from the postmaster,

and one from a distribution window clerk, which state that EEO posters

are on display with information about the 45 day time limitation.

Therefore, we find that complainant had constructive knowledge of the

time frame in which to initiate EEO Counselor contact. Complainant does

not present adequate justification to warrant extension of the applicable

time limitation.

The agency's decision dismissing complainant's complaint is AFFIRMED.

STATEMENT OF RIGHTS - ON APPEAL

RECONSIDERATION (M0701)

The Commission may, in its discretion, reconsider the decision in this

case if the complainant or the agency submits a written request containing

arguments or evidence which tend to establish 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.

Requests to reconsider, with supporting statement or brief, must be filed

with the Office of Federal Operations (OFO) within thirty (30) calendar

days of receipt of this decision or within twenty (20) calendar days of

receipt of another party's timely request for reconsideration. See 29

C.F.R. � 1614.405; Equal Employment Opportunity Management Directive for

29 C.F.R. Part 1614 (EEO MD-110), 9-18 (November 9, 1999). All requests

and arguments must be submitted to the Director, Office of Federal

Operations, Equal Employment Opportunity Commission, P.O. Box 19848,

Washington, D.C. 20036. In the absence of a legible postmark, the

request to reconsider shall be deemed timely filed if it is received by

mail within five days of the expiration of the applicable filing period.

See 29 C.F.R. � 1614.604. The request or opposition must also include

proof of service on the other party.

Failure to file within the time period will result in dismissal of your

request for reconsideration as untimely, unless extenuating circumstances

prevented the timely filing of the request. Any supporting documentation

must be submitted with your request for reconsideration. The Commission

will consider requests for reconsideration filed after the deadline only

in very limited circumstances. See 29 C.F.R. � 1614.604(c).

COMPLAINANT'S RIGHT TO FILE A CIVIL ACTION (S0900)

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. If you

file a request to reconsider and also file a civil action, filing a civil

action will terminate the administrative processing of your complaint.

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

November 6, 2001

__________________

Date