0320170018
04-10-2017
Belia S.,1 Complainant, v. Megan J. Brennan, Postmaster General, United States Postal Service (Southern Area), Agency.
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
Belia S.,1
Complainant,
v.
Megan J. Brennan,
Postmaster General,
United States Postal Service
(Southern Area),
Agency.
Appeal No. 0320170018
Agency No. AT0752110891I4
DENIAL OF CONSIDERATION
On November 14, 2016, Petitioner filed a petition with the Equal Employment Opportunity Commission, seeking review of a Final Order issued by the Merit Systems Protection Board (MSPB) concerning her claim of discrimination in violation of Title VII of the Civil Rights Act of 1964 (Title VII), and Section 501 of the Rehabilitation Act of 1973 (Rehabilitation Act), as amended, 29 U.S.C. � 791 et seq.
The record established that the MSPB issued a Final Order in the instant matter on September 9, 2016, and mailed it to Petitioner, Petitioner's non-attorney Representative, and the Agency Representative on the same date. While Petitioner's copy was sent by U.S. Mail, her Representative's copy was sent by certified mail. A copy of the return receipt indicates that the item was received at the Representative's address of record on September 26, 2016. Even if we assume Petitioner did not receive her copy until on or around the same date that her Representative did, the November 14, 2016 filing date would be untimely.
Under the applicable regulations, a petition must be filed with the Commission within 30 days of receipt of the final decision. 29 C.F.R.1614.303(c). In the instant case, Petitioner's petition for review was filed approximately 19 days beyond the deadline, as she was required to file no later than October 26, 2016. Neither Petitioner, nor her Representative, has not offered a justification for an extension of the applicable time limit for filing her petition. The 30-day time period in which a petitioner must file a petition for review is mandatory, not discretionary. By filing her petition on the 49th day, Petitioner has filed in an untimely manner. Accordingly, because the subject petition for review is untimely filed, the Commission will DENY consideration of the petition.
PETITIONER'S RIGHT TO FILE A CIVIL ACTION (W0610)
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, based on the decision of the Merit Systems Protection Board, within thirty (30) calendar days of 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 (Z0815)
If you want to file a civil action but cannot pay the fees, costs, or security to do so, you may request permission from the court to proceed with the civil action without paying these fees or costs. Similarly, if you cannot afford an attorney to represent you in the civil action, you may request the court to appoint an attorney for you. You must submit the requests for waiver of court costs or appointment of an attorney directly to the court, not the Commission. The court has the sole discretion to grant or deny these types of requests. Such requests do not alter the time limits for filing a civil action (please read the paragraph titled Complainant's Right to File a Civil Action for the specific time limits).
FOR THE COMMISSION:
______________________________ Carlton M. Hadden's signature
Carlton M. Hadden, Director
Office of Federal Operations
_4/10/17_________________
Date
1 This case has been randomly assigned a pseudonym which will replace Complainant's name when the decision is published to non-parties and the Commission's website.
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