01a51852
04-06-2005
Candace W. Funderburk, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.
Candace W. Funderburk v. United States Postal Service
01A51852
April 6, 2005
.
Candace W. Funderburk,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Appeal No. 01A51852
Agency No. 1-C-281-0086-03
Hearing No. 140-2004-00232X
DISMISSAL OF APPEAL
By letter dated December 20, 2004, and received by the Commission
on January 4, 2005, complainant filed an appeal with this Commission
concerning the captioned complaint.
Review of the record indicates that the agency issued a final action
on November 3, 2004, accepting the September 30, 2004 decision of an
EEOC Administrative Judge (Hearing No.140-2004-00232X), finding no
discrimination. As evidence of complainant's receipt, the agency
submits a copy of the certified mail return receipt card, which reveals
that the agency final action was received at complainant's address of
record, as demonstrated by complainant's signature, albeit undated.
However, the agency also submits a copy of a �Track and Confirm� record,
which verifies complainant's receipt of the agency final action on
November 6, 2004.
The agency final action properly advised complainant that she had thirty
(30) calendar days after receipt of its final decision to file her appeal
with the Commission. Therefore, in order to be considered timely,
complainant had to file her appeal no later than December 6, 2004.
Although complainant asserts in her appeal statement that she received
nothing in writing from the agency, we find that the above described
evidence submitted by the agency in response to this appeal refutes
this contention.
Accordingly, complainant's appeal is hereby DISMISSED. See 29 C.F.R. �
1614.403(c).
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
April 6, 2005
__________________
Date