05980979
03-16-2001
Martha A. Mitchell, Complainant, v. William J. Henderson, Postmaster General, United States Postal Service Agency.
Martha A. Mitchell v. United States Postal Service
05980979
03-16-01
.
Martha A. Mitchell,
Complainant,
v.
William J. Henderson,
Postmaster General,
United States Postal Service
Agency.
Request No. 05980979
Appeal No. 01952160
Agency No. 4-C-450-1026-94
DISMISSAL OF REQUEST FOR RECONSIDERATION
By correspondence postmarked July 17, 1998, the complainant, through her
representative, initiated a request to the Equal Employment Opportunity
Commission (EEOC or Commission) to reconsider the decision in Martha
A. Mitchell v. United States Postal Service, EEOC Appeal No. 01952160
(August 29, 1996).<1> EEOC Regulations provide that a party may request
reconsideration of any decision issued under EEOC Regulation � 1614.405(a)
provided that such request is made within 30 days of receipt of a decision
of the Commission.
Here, the previous decision was dated August 26, 1996 and was sent
to the addresses specified by the complainant and her representative.
In the request for reconsideration herein, complainant's representative
asks the Commission to waive the 30-day time limitation for submitting
the request. The representative appears to state that she had had the
previous decisions sent to the agency's union office and that they were
misplaced or misfiled by the union office.
The previous decision was sent, and apparently received, at the address
specified by complainant's representative. According to the return
receipt contained in Commission records, the previous decision was also
sent to the complainant at the address specified in the previous appeal.
Under these circumstances, we find that complainant has not submitted
sufficient reason to waive the time limitations in her case. Therefore,
the decision in EEOC Appeal No. 01952160 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
___03-16-01_______________
Date
1On November 9, 1999, revised regulations governing the EEOC's federal
sector complaint process went into effect. These regulations apply
to all federal sector EEO complaints pending at any stage in the
administrative process. Consequently, the Commission will apply
the revised regulations found at 29 C.F.R. Part 1614 in deciding the
present appeal. The regulations, as amended, may also be found at the
Commission's website at www.eeoc.gov.