John J. Donahue, Petitioner,v.John E. Potter, Postmaster General, United States Postal Service, Agency.

Equal Employment Opportunity CommissionDec 22, 2003
03a40026 (E.E.O.C. Dec. 22, 2003)

03a40026

12-22-2003

John J. Donahue, Petitioner, v. John E. Potter, Postmaster General, United States Postal Service, Agency.


John J. Donahue v. USPS

03A40026

December 22, 2003

.

John J. Donahue,

Petitioner,

v.

John E. Potter,

Postmaster General,

United States Postal Service,

Agency.

Petition No. 03A40026

MSPB No. PH-0752-02-0233-I-1

DENIAL OF CONSIDERATION

On November 3, 2003 the petitioner filed a petition with the Equal

Employment Opportunity Commission asking for review of the final Order

issued by the Merit Systems Protection Board (MSPB) dated September 29,

2003, concerning his claim of discrimination based on disability and

reprisal in violation of Section 501 of the Rehabilitation Act of 1973

(Rehabilitation Act), as amended, 29 U.S.C. � 791 et seq. and Title VII

of the Civil Rights Act of 1964 (Title VII), as amended, 42 U.S.C. �

2000e et seq.

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

days after the party receives the Board's final decision. 29 C.F.R. �

1614.303(b). Where a petitioner is represented by an attorney, the 30-day

time period shall be calculated from the date the attorney received the

document. 29 C.F. R. � 1614.402(b).

The Board sent out its final Order by certified mail to petitioner's

attorney and its Order contained the time frames for petitioning the

Commission. A copy of the green card receipt indicates that petitioner's

attorney received the decision on October 1, 2003. As evidenced by

the postage meter date, petitioner's attorney filed the petition on

Monday, November 3, 2003, which was beyond the 30-day limit set by

regulation. Thus, the Commission denies consideration of the instant

petition.

PETITIONER'S RIGHT TO FILE A CIVIL ACTION (W0900)

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,

based on the decision of the Merit Systems Protection Board, within

thirty (30) calendar days of 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

December 22, 2003

__________________

Date