John C. Anderson, Complainant,v.John E. Potter, Postmaster General, United States Postal Service, Agency.

Equal Employment Opportunity CommissionFeb 27, 2007
0520070269 (E.E.O.C. Feb. 27, 2007)

0520070269

02-27-2007

John C. Anderson, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.


John C. Anderson,

Complainant,

v.

John E. Potter,

Postmaster General,

United States Postal Service,

Agency.

Request No. 0520070269

Appeal No. 01A62197

Agency No. 1J483011205

DENIAL

Complainant requested reconsideration of the decision in John C. Anderson

v. United States Postal Service, EEOC Appeal No. 01A62197 (July 6, 2006).

EEOC Regulations provide that the Commission may, in its discretion,

grant a request to reconsider any previous Commission decision where

the requesting party demonstrates 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. See 29 C.F.R. � 1614.405(b).

By regulation, requests must be filed within thirty (30) calendar days

after the party receives the previous decision. 29 C.F.R. � 1614.405(b).

A document is timely if it is received or postmarked before the expiration

of the applicable filing period or, in the absence of a legible postmark,

if it is received by mail within five days of the expiration of the

applicable filing period. 29 C.F.R. � 1614.604(b).

It is noted that the Commission's previous decision included a

Certificate of Mailing indicating that, for purposes of timeliness,

the Commission will presume that the decision was received within five

(5) calendar days of the date on which it was mailed, July 6, 2006.

Complainant is presumed to have received the previous decision no later

than July 11, 2006. Thirty days from that date is August 10, 2006. In

correspondence to the Commission dated January 13, 2007, complainant

asserts he mailed his request on November 16, 2006, which was beyond

the 30-day limit set by regulation. No reason was provided for the

delay except that his attorney told him he should file a request.

For the foregoing reasons, the complainant's request is denied.

The decision in EEOC Appeal No. 0120A62197 remains the Commission's

final decision. There is no further right of administrative appeal on

the decision of the Commission on this request. To the extent it has

not already done so, the agency should comply with the order as set

forth below.

ORDER (E0900)

The agency is ordered to process the remanded claim 1 in accordance with

29 C.F.R. � 1614.108. The agency shall acknowledge to the complainant

that it has received the remanded claims within thirty (30) calendar

days of the date this decision becomes final. The agency shall issue

to complainant a copy of the investigative file and also shall notify

complainant of the appropriate rights within one hundred fifty (150)

calendar days of the date this decision becomes final, unless the matter

is otherwise resolved prior to that time. If the complainant requests a

final decision without a hearing, the agency shall issue a final decision

within sixty (60) days of receipt of complainant's request.

A copy of the agency's letter of acknowledgment to complainant and a

copy of the notice that transmits the investigative file and notice of

rights must be sent to the Compliance Officer as referenced below.

IMPLEMENTATION OF THE COMMISSION'S DECISION (K0501)

Compliance with the Commission's corrective action is mandatory.

The agency shall submit its compliance report within thirty (30)

calendar days of the completion of all ordered corrective action. The

report shall be submitted to the Compliance Officer, Office of Federal

Operations, Equal Employment Opportunity Commission, P.O. Box 19848,

Washington, D.C. 20036. The agency's report must contain supporting

documentation, and the agency must send a copy of all submissions to

the complainant. If the agency does not comply with the Commission's

order, the complainant may petition the Commission for enforcement

of the order. 29 C.F.R. � 1614.503(a). The complainant also has the

right to file a civil action to enforce compliance with the Commission's

order prior to or following an administrative petition for enforcement.

See 29 C.F.R. �� 1614.407, 1614.408, and 29 C.F.R. � 1614.503(g).

Alternatively, the complainant has the right to file a civil action on

the underlying complaint in accordance with the paragraph below entitled

"Right to File A Civil Action." 29 C.F.R. �� 1614.407 and 1614.408.

A civil action for enforcement or a civil action on the underlying

complaint is subject to the deadline stated in 42 U.S.C. 2000e-16(c)

(1994 & Supp. IV 1999). If the complainant files a civil action, the

administrative processing of the complaint, including any petition for

enforcement, will be terminated. See 29 C.F.R. � 1614.409.

COMPLAINANT'S RIGHT TO FILE A CIVIL ACTION (P0900)

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:

______________________________

Carlton M. Hadden, Director

Office of Federal Operations

February 27, 2007

__________________

Date

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0520070269

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

Office of Federal Operations

P. O. Box 19848

Washington, D.C. 20036

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0520070269