0120070095
09-26-2007
Patricia Dalton, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.
Patricia Dalton,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Appeal No. 0120070095
Agency No. 4C-270-0026-05
DISMISSAL OF APPEAL
Complainant filed an appeal with this Commission See 29 C.F.R. � 1614.402;
29 C.F.R. � 1614.504(b); and 29 C.F.R. � 1614.405.
By letter to the Commission, postmarked on October 2, 2006, complainant
alleged that her EEO complaint listed as Agency No. 4C-270-0026-05
had been settled with her Manager and that a Letter of Warning (LOW)
was to be removed from her record. However, complainant asserts that
references to the LOW were made in a subsequent removal action the agency
initiated against her in April 2006. Therefore, complainant asserts
that the agreement which resolved her EEO complaint had been breached
by the agency.
The agency responded to the appeal by provided in the Commission with
a copy of the complaint file for Agency No. 4C-270-0026-05. However,
this complaint file does not reflect that the matter was resolved by a
settlement agreement. Rather, it appears that the agency issued a final
decision, dated April 5, 2005, dismissing the matter for untimely filing
of the formal complaint. The record further reflects that a copy of this
dismissal decision was sent to complaint by certified mail, which was
signed for on April 12, 2005. The dismissal decision clearly informed
complainant that she had thirty days from receipt of the decision to
file an appeal with EEOC. There is no record until now that complaint
filed an appeal with EEOC over this matter.
Therefore, we find no evidence that a settlement agreement was ever
executed in Agency No. 4C-270-0026-05 and, to the extent complainant's
October 2, 2006 appeal is construed as challenging the April 5, 2005
dismissal decision, it was filed far beyond the thirty-day limitation
period. Nothing complainant submitted on appeal provides adequate
justification for extending this limitation period.
Accordingly, complainant's appeal is DISMISSED.
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M0701)
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
September 26, 2007
__________________
Date
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0120070095
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P. O. Box 19848
Washington, D.C. 20036
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0120070095