01a02841
06-29-2000
Karen A. Taylor, Complainant, v. William J. Henderson, Postmaster General, United States Postal Service, Agency.
Karen A. Taylor v. United States Postal Service
01A02841
June 29, 2000
Karen A. Taylor, )
Complainant, )
)
v. )
) Appeal No. 01A02841
William J. Henderson, ) Agency No. 4H-327-0239-98
Postmaster General, )
United States Postal Service, )
Agency. )
______________________________)
DISMISSAL
On March 3, 2000, complainant, through her attorney, filed an appeal
with this Commission from a final agency decision, dated January 21,
2000, concerning her contention that the agency breached a previous
settlement agreement.<1> By regulation, appeals to the Commission must
be filed within thirty (30) calendar days after a complainant receives
the final agency decision. Appeals are deemed filed on the date received
by the Commission, unless postmarked earlier. See 64 Fed. Reg. 37,644,
37,661 (1999) (to be codified as 29 C.F.R. � 1614.604(b)).
In this case, the record indicates that the complainant received the
final agency decision on January 22, 2000.<2> Complainant's appeal on
March 3, 2000 was, therefore, beyond the thirty (30) day time limit set
by the Regulations. A review of the final agency decision indicates
that complainant was provided with appeal rights to the Commission.
On appeal, complainant's attorney indicated that he had "recently"
been retained by the complainant.<3> He also indicated that, initially,
a mediation session had been scheduled with the agency, on February 16,
2000, concerning complainant's subsequent removal. The attorney stated
that "[i]t was thought that the mediation, if successful, would give the
complainant substantial relief which would eliminate the necessity of
this appeal." The mediation session had to be rescheduled for March 2,
2000, and was subsequently canceled when complainant could not attend,
due to her son's illness. According to the attorney, these facts,
along with the large number of federal court cases he was involved in,
are extenuating circumstances that should justify an extension of time
to file the appeal. We disagree. Complainant has not presented an
adequate justification for extending or waiving the appeal filing period.
Accordingly, the appeal is DISMISSED.
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M0300)
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 64
Fed. Reg. 37,644, 37,659 (1999) (to be codified and hereinafter referred
to as 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 64 Fed. Reg. 37,644, 37,661 (1999) (to be codified and hereinafter
referred to as 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).
COMPLAINANTS' RIGHT TO FILE A CIVIL ACTION (S0400)
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:
06-29-00 _____________________________
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
1On 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.
2The record contains a copy of a certified mail return receipt that
shows that the final agency decision was received at her home on January
22, 2000.
3The letter clearly establishes that complainant was not represented by
the attorney at the time the final decision was issued; therefore, the
time limitation period properly began upon her receipt of the decision.