01975837
10-06-1998
Phillip H. Price, Appellant, v. William J. Henderson, Postmaster General, United States Postal Service, Agency.
Phillip H. Price v. United States Postal Service
01975837
October 6, 1998
Phillip H. Price, )
Appellant, )
)
v. ) Appeal No. 01975837
) Agency No. 4-G-760-1012-95
William J. Henderson, )
Postmaster General, )
United States Postal Service, )
Agency. )
)
DECISION
The appellant timely filed an appeal with this Commission from a final
decision, dated June 13, 1997, which the agency issued pursuant to EEOC
Regulation 29 C.F.R. �1614.107(g). The Commission accepts the appellant's
appeal in accordance with EEOC Order No. 960, as amended.
In response to the Commission's prior Order of January 24, 1997, the
agency requested that the appellant provide specific information regarding
his complaint allegations. The appellant received the agency's request
on March 29, 1997, but did not submit the requested information. The
agency again requested the information by letter of April 29, 1997,
and notified the appellant that failure to provide the information could
result in the cancellation of his complaint. The agency represents that
copies of the second request letter were sent by certified mail and
by regular mail. The record demonstrates that the certified letter was
returned to the agency unclaimed. The final agency decision represents
that the letter sent by regular mail was not returned.
The appellant represents on appeal that he may have been in the hospital
when the second letter was not claimed. He also represents that his wife
has been ill. The appellant does not contest the agency's representation
that the second letter was received by regular mail. The appellant also
does not explain why he has not responded to the agency's letters.
EEOC Regulation 29 C.F.R. �1614.106(c) requires that an EEO complaint
describe generally the actions and practices that form the basis of the
complaint. EEOC Regulation 29 C.F.R. �1614.107(g) authorizes agencies
to request relevant information about complaint allegations and, if the
information is not timely provided, to dismiss the complaint.
The record demonstrates that the agency twice requested that the appellant
provide relevant information and, in the second request, notified the
appellant that his complaint could be dismissed if he failed to provide
it. The appellant has not provided any explanation for not responding
to the agency's requests, even if only to request additional time to
respond. The Commission finds that without the requested information,
the agency could not comply with the requirements of the Commission's
regulations, including the requirement to investigate timely raised
allegations of discrimination. Therefore, the Commission AFFIRMS the
dismissal of the appellant's complaint for failure to cooperate.
CONCLUSION
For the reason stated above, the Commission AFFIRMS the agency's dismissal
of the appellant's November 14, 1994 complaint.
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M0795)
The Commission may, in its discretion, reconsider the decision in this
case if the appellant or the agency submits a written request containing
arguments or evidence which tend to establish that:
1. New and material evidence is available that was not readily available
when the previous decision was issued; or
2. The previous decision involved an erroneous interpretation of law,
regulation or material fact, or misapplication of established policy; or
3. The decision is of such exceptional nature as to have substantial
precedential implications.
Requests to reconsider, with supporting arguments or evidence, MUST
BE FILED WITHIN THIRTY (30) CALENDAR DAYS of the date you receive this
decision, or WITHIN TWENTY (20) CALENDAR DAYS of the date you receive
a timely request to reconsider filed by another party. Any argument in
opposition to the request to reconsider or cross request to reconsider
MUST be submitted to the Commission and to the requesting party
WITHIN TWENTY (20) CALENDAR DAYS of the date you receive the request
to reconsider. See 29 C.F.R. �1614.407. All requests and arguments
must bear proof of postmark and 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 filed on the date it is received
by the Commission.
Failure to file within the time period will result in dismissal of your
request for reconsideration as untimely. If extenuating circumstances
have prevented the timely filing of a request for reconsideration,
a written statement setting forth the circumstances which caused the
delay and 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).
RIGHT TO FILE A CIVIL ACTION (S0993)
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. 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 (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:
October 6, 1998
______________
Date Ronnie Blumenthal, Director
Office of Federal Operations