Ralph W. Timberlake, Complainant,v.John E. Potter, Postmaster General, United States Postal Service, Agency.

Equal Employment Opportunity CommissionOct 20, 2003
05A21214_r (E.E.O.C. Oct. 20, 2003)

05A21214_r

10-20-2003

Ralph W. Timberlake, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.


Ralph W. Timberlake v. United States Postal Service

05A21214

October 20, 2003

.

Ralph W. Timberlake,

Complainant,

v.

John E. Potter,

Postmaster General,

United States Postal Service,

Agency.

Request No. 05A21214

Appeal No. 01A20123

Agency No. 1H-351-0062-01

DISMISSAL OF REQUEST FOR RECONSIDERATION

The United States Postal Service (agency) initiated a request to the Equal

Employment Opportunity Commission (EEOC or Commission) to reconsider

the decision in Ralph W. Timberlake v. United States Postal Service,

EEOC Appeal No. 01A20123 (July 26, 2002). By regulation, requests for

reconsideration must be filed within thirty (30) calendar days after

the party requesting reconsideration receives our previous decision.

29 C.F.R. � 1614.405(b). A document is timely if received or postmarked

before the expiration of the applicable filing period, or, in the absence

of a legible postmark, is received by mail within five days of the

expiration of the applicable filing period. 29 C.F.R. � 1614.604(b).

The Commission's previous decision included a Certificate of Mailing

indicating that for timeliness purposes, the Commission will presume that

its decision is received within five calendar days of mailing. Thus, we

presume that the agency received the decision on or before July 31, 2002.

Any request for reconsideration must have been filed by August 30, 2002,

in order to be timely. The agency's request for reconsideration was

received by the Commission in an un-postmarked envelope on September

10, 2002. Because the request was not received within five days

of the expiration of the filing period, we find that the request was

untimely filed. See 29 C.F.R. � 1614.604(b).

We therefore DISMISS the agency's request for reconsideration as untimely.

The decision in EEOC Appeal No. 01A20123 remains the Commission's final

decision. There is no further right of administrative appeal on the

decision of the Commission on this request for reconsideration.

ORDER (E0900)

The agency is ordered to process the remanded claims in accordance with

29 C.F.R. � 1614.108. The agency shall acknowledge to the complainant

that it has received the remanded claims within thirty (30) calendar

days of the date this decision becomes final. The agency shall issue

to complainant a copy of the investigative file and also shall notify

complainant of the appropriate rights within one hundred fifty (150)

calendar days of the date this decision becomes final, unless the matter

is otherwise resolved prior to that time. If the complainant requests a

final decision without a hearing, the agency shall issue a final decision

within sixty (60) days of receipt of complainant's request.

A copy of the agency's letter of acknowledgment to complainant and a

copy of the notice that transmits the investigative file and notice of

rights must be sent to the Compliance Officer as referenced below.

IMPLEMENTATION OF THE COMMISSION'S DECISION (K0501)

Compliance with the Commission's corrective action is mandatory.

The agency shall submit its compliance report within thirty (30)

calendar days of the completion of all ordered corrective action. The

report shall be submitted to the Compliance Officer, Office of Federal

Operations, Equal Employment Opportunity Commission, P.O. Box 19848,

Washington, D.C. 20036. The agency's report must contain supporting

documentation, and the agency must send a copy of all submissions to

the complainant. If the agency does not comply with the Commission's

order, the complainant may petition the Commission for enforcement

of the order. 29 C.F.R. � 1614.503(a). The complainant also has the

right to file a civil action to enforce compliance with the Commission's

order prior to or following an administrative petition for enforcement.

See 29 C.F.R. �� 1614.407, 1614.408, and 29 C.F.R. � 1614.503(g).

Alternatively, the complainant has the right to file a civil action on

the underlying complaint in accordance with the paragraph below entitled

"Right to File A Civil Action." 29 C.F.R. �� 1614.407 and 1614.408.

A civil action for enforcement or a civil action on the underlying

complaint is subject to the deadline stated in 42 U.S.C. 2000e-16(c)

(1994 & Supp. IV 1999). If the complainant files a civil action, the

administrative processing of the complaint, including any petition for

enforcement, will be terminated. See 29 C.F.R. � 1614.409.

COMPLAINANT'S RIGHT TO FILE A CIVIL ACTION (R0900)

This is a decision requiring the agency to continue its administrative

processing of your complaint. However, if you wish to file a civil

action, you have the right to file such action in an appropriate United

States District Court within ninety (90) calendar days from the date

that you receive this decision. In the alternative, you may file a

civil action after one hundred and eighty (180) calendar days of the date

you filed your complaint with the agency, or filed your appeal with the

Commission. 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. 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

October 20, 2003

__________________

Date