05980946
11-20-1998
Jamie Karen Lim, Appellant, v. William J. Henderson, Postmaster General, United States Postal Service, Agency.
Jamie Karen Lim v. United States Postal Service
05980946
November 20, 1998
Jamie Karen Lim, )
Appellant, )
)
v. ) Request No. 05980946
) Appeal No. 01976246
William J. Henderson, ) Agency No. 1-F-953-0009-97
Postmaster General, )
United States Postal Service, )
Agency. )
______________________________)
DENIAL OF REQUEST FOR RECONSIDERATION
On July 8, 1998, Jamie Karen Lim (appellant) initiated a request to the
Equal Employment Opportunity Commission (EEOC) to reconsider the decision
in Lim v. USPS, EEOC Appeal No. 01976246 (June 5, 1998). EEOC Regulations
provide that the Commissioners may, in their discretion, reconsider
any previous Commission decision. 29 C.F.R. �1614.407(a). The party
requesting reconsideration must submit written argument or evidence
which tends to establish one or more of the following three criteria:
new and material evidence is available that was not readily available
when the previous decision was issued, 29 C.F.R. �1614.407(c)(1);
the previous decision involved an erroneous interpretation of law,
regulation or material fact, or misapplication of established policy,
29 C.F.R. �1614.407(c)(2); and the previous decision is of such
exceptional nature as to have substantial precedential implications, 29
C.F.R. �1614.407(c)(3). For the reasons set forth herein, appellant's
request is denied.
The record indicates that appellant received the final agency decision
(FAD) on July 12, 1997. The FAD provided appellant with the correct
address of the Commission and the appropriate time frame for filing an
appeal. Appellant's appeal was postmarked August 14, 1997. The previous
decision found that appellant's appeal was untimely filed with the
Commission and that appellant failed to submit justification to invoke
waiver or equitable tolling. Appellant's appeal was dismissed. 29
C.F.R. �1614.405(c).
In her request for reconsideration, appellant does not provide any
arguments explaining her delay in filing her appeal. Rather, she asserts
that there is new machinery installed at the agency's facility, that
she should not be working in the manual area, and that her work load is
heavy. Appellant's arguments do not explain her failure to file her appeal
within 30 days of receiving the FAD. See 29 C.F.R. �1614.402(a). Appellant
has failed to submit sufficient justification for extending the time
limits.
After a review of appellant's request for reconsideration, the previous
decision, and the entire record, the Commission finds appellant's request
does not meet the criteria of 29 C.F.R. �1614.407(c), and it is the
decision of the Commission to deny appellant's request. The decision
of the Commission in Appeal No. 01976246 remains the Commission's final
decision. There is no further right of administrative appeal from the
decision of the Commission on this request for reconsideration.
RIGHT TO FILE A CIVIL ACTION (P0993)
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.
It is the position of the Commission that 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.
You should be aware, however, that courts in some jurisdictions have
interpreted the Civil Rights Act of 1991 in a manner suggesting that
a civil action must be filed WITHIN THIRTY (30) CALENDAR DAYS from the
date that you receive this decision. To ensure that your civil action
is considered timely, you are advised to file it WITHIN THIRTY (30)
CALENDAR DAYS from the date that you receive this decision or to consult
an attorney concerning the applicable time period in the jurisdiction
in which your action would be filed. 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 (Z1092)
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:
Nov. 20, 1998
_______________ ______________________________
Date Frances M. Hart
Executive Officer
Executive Secretariat