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