01996710
11-24-2000
Olivia D. Jones, Complainant, v. William J. Henderson, Postmaster General, United States Postal Service, Agency.
Olivia D. Jones v. United States Postal Service
01996710
November 24, 2000
.
Olivia D. Jones,
Complainant,
v.
William J. Henderson,
Postmaster General,
United States Postal Service,
Agency.
Appeal No. 01996710
Agency No. 1-Y-116-0017-99
DECISION
Upon review, the Commission finds that the complaint was properly
dismissed pursuant to EEOC Regulation 29 C.F.R. � 1614.107(a)(2), due
to the untimely filing of the formal complaint.<1>
The record discloses that Complainant received the notice of right to
file a formal complaint on December 4, 1998. The record contains an
affidavit from an agency EEO Counselor. Therein, the Counselor stated
that following the issuance of the notice of right to file a formal
complaint, the agency received a complaint form from complainant on
December 18, 1998, that was identical to a complaint that complainant
had submitted on a previously filed EEO complaint, that was identified
as Complaint No. 1-Y-110-0013-98 (relating to being improperly accused of
circulating a petition and disrupting operations on September 29, 1998).
The EEO Counselor stated that he placed the complaint form received
on December 18, 1998, in the file for Complaint No. 1-Y-110-0013-98,
since it contained the identical issue, as well as the same agency
case number. The EEO Counselor stated that he subsequently discussed
the matter with complainant, who contacted him in June 1999, and that
thereafter, complainant submitted a complaint form for the matter raised
in the instant complaint (relating to not being provided with a detail),
postmarked June 26, 1999.
Although the notice of the right to file a formal complaint received
by complainant on December 4, 1998, indicated that complainant had
to file a formal complaint within fifteen (15) calendar days of its
receipt, complainant did not file her formal complaint until June 26,
1999, which is beyond the limitation period. On appeal, no persuasive
arguments or evidence have been presented to warrant an extension of the
time limit for filing the complaint. Accordingly, the agency's final
decision dismissing complainant's complaint is AFFIRMED.
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M0900)
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 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 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).
COMPLAINANT'S RIGHT TO FILE A CIVIL ACTION (S0900)
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:
______________________________
Carlton M. Hadden, Director
Office of Federal Operations
November 24, 2000
__________________
Date
CERTIFICATE OF MAILING
For timeliness purposes, the Commission will presume that this decision
was received within five (5) calendar days after it was mailed. I certify
that this 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 29 C.F.R. Part 1614 in deciding the
present appeal. The regulations, as amended, may also be found at the
Commission's website at www.eeoc.gov.