01976668
11-05-1998
Timothy L. Stoinhoff, Appellant, v. William J. Henderson, Postmaster General, United States Postal Service, Agency.
Timothy L. Stoinhoff v. United States Postal Service
01976668
November 5, 1998
Timothy L. Stoinhoff, )
Appellant, )
)
v. ) Appeal No. 01976668
) Agency No. 4-H-320-1286-96
William J. Henderson, )
Postmaster General, )
United States Postal Service, )
Agency. )
___________________________________)
DISMISSAL
Appellant filed the instant appeal in an envelope postmarked September
8, 1997. On the appeal form (EEOC Form 573) appellant stated that he
was appealing a decision received by appellant on September 4, 1997
in agency number 4H-320-1116-96. The date next to the signature line
on the instant appeal form is September 7, 1997. Enclosed with the
instant appeal is a memorandum from appellant to the agency's EEO Office
(Appeals Processing Center) in Memphis, Tennessee. Also enclosed with the
instant appeal is the agency's decision dated August 28, 1997 dismissing
a portion of 4-H-320-1274-96.
By letter dated September 25, 1997 appellant informed the Commission:
On September 7, I mistakenly sent your office an appeals packet intended
only for the Memphis Appeals Center. Also in reviewing the information
I inadvertently substituted the wrong case number for the appeal.
The correct case number should be as follows (4h-320-1286-96).
Please disregard this information. I would also [appreciate] this packet
returned to me.
In an envelope postmarked September 26, 1997 appellant sent a second
appeal to the Commission. On this appeal form (EEOC Form 573) appellant
stated that he was appealing a decision received by appellant on September
4, 1997 in agency number 4H-320-1286-96. The date next to the signature
line on this appeal form is September 7, 1997. The Commission assigned
EEOC Appeal No. 01980095 to the appeal contained in the envelope
postmarked September 26, 1997. By letter dated June 26, 1998 the
Commission informed appellant that the Commission was closing the record
listed under EEOC Appeal No. 01980095 (agency number 4-H-320-1286-96)
because: "You are seeking an appeal of a pre-complaint you voluntarily
withdrew on 2/28/97."
The agency sent the Commission a final agency decision dated April 24,
1998 finding no discrimination in 4-H-320-1274-96. The April 24, 1998
decision specifically stated that it was deciding on the merits the
allegation which was procedurally dismissed on August 28, 1997.
The Commission finds that the instant appeal is, as explained by
appellant in his letter dated September 25, 1997, an appeal concerning
4-H-320-1286-96. Agency number 4-H-320-1286-96 was considered in EEOC
Appeal No. 01980095. Therefore, we find that the instant appeal must
be dismissed because it is a duplicate of EEOC Appeal No. 01980095.
In issuing such a dismissal we note: (1) Commission records do not show
that appellant has filed any appeal from, or expressed disagreement with,
the Commission's June 26, 1998 letter in EEOC Appeal No. 01980095; (2)
appellant has never claimed that he is filing an appeal from the agency's
procedural decision in 4-H-320-1274-96; and (3) appellant has not filed
an appeal from the agency's April 24, 1998 decision in 4-H-320-1274-96.
The instant appeal is DISMISSED.
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. �l6l4.604(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:
November 5, 1998
DATE Ronnie Blumenthal, Director
Office of Federal Operations