01a20816_r
06-10-2003
Bruce S. Singleton, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.
Bruce S. Singleton v. United States Postal Service
01A20816
June 10, 2003
.
Bruce S. Singleton,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Appeal No. 01A20816
Agency No. 1-D-221-1033-94
DECISION
Upon review, the Commission finds that the agency's decision dated
September 21, 2001, dismissing complainant's complaint where complainant
cannot be located is proper pursuant to 29 C.F.R. � 1614.107(a)(6).
The record indicates that complainant filed his complaint on March 1,
1994, alleging, in pertinent part, that he was discriminated against
based on his disability when: he was denied a doctor's request for a
chair with a back support from December 10, 1992 to August 11, 1993; on
September 30, 1993, he received a Letter of Warning; and he was denied
assistance, lied to, and misdirected by various supervisors from June
1992 through July 1993, involving his light duty status. The record
indicates that complainant was removed from his employment within the
agency on January 31, 1997.
In its decision, the agency indicated that it previously issued
its decision on May 13, 1994, dismissing the subject claims. Upon
complainant's appeal, the Commission, in Appeal No. 01965988 (October
15, 1997), previously, reversed the agency's decision and remanded the
matters for further processing. In Request No. 05980676 (May 30, 2000),
the Commission also denied the agency's request for reconsideration of
the subject appeal. In accordance with the Commission's order, the agency
resumed the processing of complainant's complainant and, unsuccessfully,
made a number of attempts to notify complainant of the remanded
investigation. Specifically, the agency, undisputed by complainant,
stated that it sent such notification, including 15-day time limit to
response thereto, via certified mail, on July 20, 2000, July 24, 2000,
August 2, 2000, and February 25, 2001; however, they were, all, returned
as �Moved, Left No Address.� The agency also stated that it contacted
complainant's non-attorney representative who advised he had been unable
to locate complainant. Based on the foregoing, the Commission finds
that the agency properly dismissed the instant complaint since it made
reasonable efforts to locate complainant and he did not respond within 15
days to a notice of proposed dismissal sent to his last known address.
On appeal, other than complainant's representative's filing of a notice
of appeal, complainant does not contest the agency's foregoing arguments.
Accordingly, the agency's decision is hereby AFFIRMED.
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
June 10, 2003
__________________
Date