Agency.

Equal Employment Opportunity Commission

May 29, 2013

0220110002 (E.E.O.C. May. 29, 2013)

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013

,
Grievant,

v.

Michael J. Astrue,
Commissioner,
Social Security Administration,
Agency.

Appeal No. 0220110002

Agency No. DF-2006-R-2007

DISMISSAL OF APPEAL

Grievant filed an appeal with the Commission’s Office of Federal Operations received on
January 19, 2011, from the September 29, 2010 decision of the Federal Labor Relations
Authority (FLRA) concerning his grievances filed against the Agency on May 23, 2005, and
June 15, 2005, alleging unlawful employment discrimination in violation of Title VII of the
Civil Rights Act of 1964 (Title VII), as amended, 42 U.S.C. § 2000e et seq. and Section 501
of the Rehabilitation Act of 1973 (Rehabilitation Act), as amended, 29 U.S.C. § 791 et seq.
For the following reasons, the Commission DISMISSES Grievant’s appeal.

The record reveals that Grievant received the FLRA decision at the latest on October 29, 2010.
In order to be timely, an appeal of a final grievance decision must be filed with the
Commission within 30 days of Complainant’s receipt of the final decision by an Agency,
arbitrator, or the Federal Labor Relations Authority. Medellin v. Department of the Air
Force, EEOC Appeal No. 02A10024 (January 15, 2003) (citing EEOC Management Directive-
110, Chapter 10-2 (November 9, 1999)). The time limitation is extended to the next business
day if the last day to file the appeal falls on a weekend or Federal holiday. See 29 C.F.R.
§1614.402(a) and § 1614.604. Therefore, in order to be considered timely, Grievant had to
file his appeal no later than Monday, November 29, 2010.

The Commission has held that a document would be deemed timely if it is delivered in person
or postmarked before the expiration of the applicable filing period, or in the absence of a
legible postmark, if it is received by mail within five days of the expiration of the applicable
filing period. 29 C.F.R. §1614.402(b). In the present case, Grievant’s appeal does not
contain a legible postmark. Internal Commission records show that Grievant’s appeal was
received at the Commission’s Office of Federal Operations on January 19, 2011, which was
0220110002

2
untimely. The record reveals that grievant filed his appeal with the Commission’s Baltimore
Field Office which was received by that office on December 2, 2010, instead of the
Commission’s Office of Federal Operations in Washington, D.C. Grievant does not claim that
he was given the wrong address or was misled in filing his appeal with the Commission’s
Baltimore Field Office. On appeal, we find Grievant has not offered adequate justification for
an extension of the applicable time limit for filing his appeal.

Accordingly, Grievant's appeal is DISMISSED pursuant to 29 C.F.R. §1614.403(c).

STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION

(M0610)
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), at 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 77960, Washington, DC 20013. 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

(S0610)
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
0220110002

3
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

(Z0610)
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 from the Court that the Court appoint an attorney to represent you
and that the Court also 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
with the Court 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

May 29, 2013
Date