0520080285
03-06-2008
Kevin Bishop, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.
Kevin Bishop,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Request No. 0520080285
Appeal No. 0120061860
Hearing No. 350-2005-00102X
Agency No. 4E840001303
DENIAL
Complainant requested reconsideration of the decision in Kevin Bishop
v. United States Postal Service, EEOC Appeal No. 0120061860 (April
17, 2007).1 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 underlying 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 underlying 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, April 17, 2007.
Complainant is presumed to have received the previous decision no
later than April 22, 2007. Thirty days from that date is May 22, 2007.
As evidenced by the post mark date, complainant mailed the request on
January 24, 2008, which was beyond the 30-day limit set by regulation.
As justification for the late request submission, complainant contends
that he did not receive the decision, he was not informed of the docket
number of this case, and repeatedly called the Commission to check
on the status of his underlying case. However, we find that these
assertions alone do not permit the Commission to extend complainant's
time requirements. Moreover, we find that, as a result of complainant's
notice of address change, dated April 16, 2006, the underlying case,
issued on April 17, 2007, was sent to complainant's address of record at
"1700 North Westgate Road, Unit B-5" in Las Vegas, Nevada. Complainant's
address of record in this request for reconsideration, however, is "1700
N. Gateway Road, Unit B-5" in Las Vegas, Nevada. Therefore, assuming that
complainant did not receive the decision at his correct address, we note
that any error in the mailing address was due to information provided by
complainant to the Commission. Additionally, we note that as a result of
an inquiry by complainant about the status of his case in October 2007,
the Commission resent the underlying decision on December 19, 2007.
The Commission did not recertify the decision at this later date.
Accordingly, the Commission's decision was issued on April 17, 2007.
Complainant's request for reconsideration, filed on January 24, 2008,
is therefore, untimely.
For the foregoing reasons, the complainant's request is denied.
The decision in EEOC Appeal No. 0120061860 remains the Commission's
final decision. There is no further right of administrative appeal on
the decision of the Commission on this request.
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
__03-06-2008________________
Date
1 Complainant's January 24, 2008 submission is a request for an
extension to file a request for reconsideration; however, requests for
reconsideration must be filed with the Commission within thirty days
of receipt of the Commission's decision. Equal Employment Opportunity
Management Directive for 29 C.F.R. Part 1614, 9-18 (November 9, 1999).
Therefore, the Commission declines to grant complainant's request for
an extension and considers complainant's submission to be request for
reconsideration.
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0520080285
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P. O. Box 19848
Washington, D.C. 20036
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0520080285