Brian Porter, Complainant,v.John E. Potter, Postmaster General, United States Postal Service, Agency.

Equal Employment Opportunity CommissionOct 30, 2003
01A34430_r (E.E.O.C. Oct. 30, 2003)

01A34430_r

10-30-2003

Brian Porter, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.


Brian Porter v. United States Postal Service

01A34430

October 30, 2003

.

Brian Porter,

Complainant,

v.

John E. Potter,

Postmaster General,

United States Postal Service,

Agency.

Appeal No. 01A34430

Agency No. 1A-116-0025-03

DECISION

Complainant filed an appeal with this Commission concerning two

complaints of unlawful employment discrimination. The record reveals

that complainant contacted an EEO Counselor with regard to Agency

No. 1A-116-025-03 on February 7, 2003. Complainant alleged that he was

being subjected to disparate treatment and harassment based on prior

protected activity.

The record discloses that complainant received the notice of right

to file a formal complaint regarding Agency No. 1A-116-025-03 on May

29, 2003. Although the notice indicated that complainant had to file

a formal complaint within fifteen (15) calendar days of its receipt,

the agency states that complainant did not file a formal complaint.

On appeal, complainant does not dispute the agency's contention

that he never filed a formal complaint with regard to informal Case

No. 1A-116-0253-03. Therefore, as no formal complaint was filed on

this case, complainant's appeal regarding Agency No. 1A-116-025-03

is DISMISSED.

The record reveals that complainant contacted an EEO Counselor on May

21, 2003, identified as Contact No. 2198. The record reveals that the

agency sent complainant a May 23, 2003 letter acknowledging his request

for pre-complaint counseling and sending him paperwork, including a

publication entitled �What You Need to Know About EEO�and PS Form 2564-A,

Information for Pre-complaint counseling, for his completion. The agency

informed complainant that if his return paperwork was not received by the

EEO Office by June 14, 2003, his request for pre-complaint counseling

will be closed. The record reveals that complainant did not send the

requested information. The record contains a June 20, 2003 letter by the

agency informing complainant that since he failed to submit information

requested by the agency, his request for EEO Counseling is now closed.

The record fails to show that complainant filed a formal complaint

regarding Contact No. 2198. Furthermore, complainant does not argue

that he attempted to file such a complaint. Accordingly, complainant's

appeal regarding Contact No. 2198 is 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

October 30, 2003

__________________

Date