01a43533
02-02-2005
Rosa Piotrowicz, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.
Rosa Piotrowicz v. United States Postal Service
01A43533
2/2/2005
.
Rosa Piotrowicz,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Appeal No. 01A43533
Agency No. 4-J-493-0092-99
DISMISSAL OF APPEAL
Complainant filed an appeal with the Commission from a March 9, 2000
final agency decision concerning her complaint of unlawful employment
discrimination. The record reflects that the agency mailed complainant's
appeal to Commission, which was date-stamped as received by the Commission
on May 4, 2004.
By regulation, appeals to the Commission must be filed within thirty
(30) calendar days after complainant receives notice of the final
agency decision. 29 C.F.R. � 1614.402(a). The record reflects that
complainant received the agency's final decision on March 20, 2000.
Specifically, the record contains a copy of complainant's Notice of
Appeal form. Therein, complainant states that she received the final
agency decision on March 20, 2000. However, it appears that complainant
filed her appeal with the agency's EEO office. The record reveals that
the final agency decision explicitly informed complainant that she had
thirty (30) calendar days after receipt of its final decision to file her
appeal with the Commission. While it is unclear from the record whether
complainant sent her appeal to the agency within the 30-day filing period,
we have previously held that an appeal is untimely where it was mailed
to the wrong office, even if it would have been timely if directly
mailed to the Commission. See Henry v. Department of Veteran Affairs,
EEOC Request No. 05901116 (November 30, 1990). Complainant has failed
to provide adequate justification for extending the applicable time limit.
Accordingly, complainant's appeal is untimely and is hereby DISMISSED.
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
2/2/2005
Date