05A40049
11-24-2003
Joseph C. Payne, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, (Capital-Metro Area), Agency.
Joseph C. Payne v. United States Postal Service
05A40049
November 24, 2003
.
Joseph C. Payne,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
(Capital-Metro Area),
Agency.
Request No. 05A40049
Appeal No. 01A33658
Agency No. 4K-230-0108-02
DENIAL OF REQUEST FOR RECONSIDERATION
Joseph C. Payne (complainant) timely initiated a request to the Equal
Employment Opportunity Commission (EEOC or Commission) to reconsider the
decision in Joseph C. Payne v. United States Postal Service, EEOC Appeal
No. 01A33658 (September 23, 2003). 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 his underlying complaint, complainant alleged he was discriminated
against in violation of Title VII of the Civil Rights Act of 1964
(Title VII), as amended, 42 U.S.C. � 2000e et seq., on the basis of
reprisal for prior protected EEO activity when on February 20, 2002,
he was not awarded a bid for the position of Vehicle Operations and
Maintenance assistant, and when as of February 2, 2002, management
failed to make an attempt to review and equalize the custodial work
assignments within complainant's facility. In its final agency decision
(FAD), dated February 25, 2003, the agency found no discrimination with
respect to complainant's non-selection, and dismissed complainant's
allegation with respect to the review of custodial assignments. A copy
of the certified mail receipt card shows that a copy of the FAD was
received at complainant's address of record on March 1, 2003, and that
the FAD properly advised complainant that he had thirty (30) calendar
days after receipt of the FAD to file his appeal with the Commission.
Complainant's appeal was not filed with the Commission until May 31,
2003, and was therefore dismissed as untimely in accordance with 29
C.F.R. � 1614.403(c).
In his request for reconsideration, complainant has proffered no reasons
for why the applicable time limit for filing an appeal should be tolled
in the instant case. As such, 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. 01A33658
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
November 24, 2003
__________________
Date