05980649
03-31-2000
Jo Ann Booker, Complainant, v. William J. Henderson, Postmaster General, (Southeast/Southwest Areas) Agency.
Jo Ann Booker v. Postmaster General
05980649
March 31, 2000
Jo Ann Booker, )
Complainant, )
) Request No. 05980649
v. ) Appeal No. 01966408
William J. Henderson, ) Agency No. I-G-756-1023-95
Postmaster General, ) Hearing No. 310-96-5213X
(Southeast/Southwest Areas) )
Agency. )
____________________________________)
DENIAL OF REQUEST FOR RECONSIDERATION
On April 20, 1995, the Equal Employment Opportunity Commission
(Commission) received a request from complainant to reconsider the
decision in Jo Ann Booker v. United States Postal Service, EEOC Appeal
No. 01966408 (February 26, 1998). <1> EEOC Regulations provide that the
Commissioners may, in their discretion, reconsider any previous decision
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. 64 Fed. Reg. 37,644,
37,659 (1999) (to be codified and hereinafter referred to as 29 C.F.R. �
1614.405(b).
A request for reconsideration must be filed within 30 days of receipt
of the previous appellate decision. Id. A request is timely filed if
it is received or postmarked before the expiration of the applicable
filing period. Id.
Complainant's attorney concedes that his request for reconsideration was
11 days late.<2> However, states that "our office has been plagued with
mishaps to our staff (from broken hips and collar bone; to emergency
surgery). Our time slipped up on us amid all of the confusion and the
error was discovered yesterday." We find complainant's attorney's vague
explanation (which is lacking in specific documentation) insufficient
to waive the time requirements under the Commission's regulations.
Accordingly, we find that complainant's request for reconsideration
untimely. The Commission's decision in EEOC Appeal No. 01966408 (February
28, 1998) remains the Commission's final decision in this matter.
There is no further right of administrative appeal from a decision of
the Commission on request for reconsideration.
COMPLAINANT'S RIGHT TO FILE A CIVIL ACTION (P1199)
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 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.
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:
March 31, 2000
____________________________
Date Carlton M. Hadden, Acting Director
Office of Federal Operations
CERTIFICATE OF MAILING
For timeliness purposes, the Commission will presume that this decision
was received within five (5) calendar days of mailing. I certify that
the decision was mailed to complainant, complainant's representative
(if applicable), and the agency on:
_______________ _______________________
Date
1 On November 9, 1999, revised regulations governing the EEOC's
federal sector complaint process went into effect. These regulations
apply to all federal sector EEO complaints pending at any stage in
the administrative process. Consequently, the Commission will apply
the revised regulations found at 64 Fed. Reg. 37,644 (1999), where
applicable, in deciding the present appeal. The regulations, as amended,
may also be found at the Commission's website at WWW.EEOC.GOV.
2 The record shows that complainant's attorney received our decision on
March 4, 1998. Accordingly, complainant's request for reconsideration
was due on April 3, 1998. Complainant's request for reconsideration
was postmarked on April 14, 1998.