01A23828_r
10-03-2002
Regineald Grimes, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.
Regineald Grimes v. United States Postal Service
01A23828
October 3, 2002
.
Regineald Grimes,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Appeal No. 01A23828
Agency No. 1J-631-0046-02
DECISION
Complainant filed an appeal with this Commission from the agency's
decision dated April 15, 2002, dismissing his complaint of unlawful
employment discrimination in violation of Title VII of the Civil
Rights Act of 1964 (Title VII), as amended, 42 U.S.C. � 2000e et seq.
and Section 501 of the Rehabilitation Act of 1973 (Rehabilitation Act),
as amended, 29 U.S.C. � 791 et seq. In his complaint, complainant
alleged that he was subjected to discrimination on the bases of race
and disability when:
In October 1999, complainant was denied the opportunity to appeal his
complaint (agency case number 4-I-630-0116-99) after the REDRESS program
failed to resolve complainant's claims.
The agency dismissed the complaint pursuant to 29 C.F.R. � 1614.107(a)(8)
as alleging dissatisfaction with the processing of a previously filed
complaint. The agency found that complainant failed to pursue his prior
complaint (4-I-630-0116-99) after REDRESS failed in October 1999, until
he again contacted the agency December 10, 2001. The agency found that
certified mail sent to complainant in October 1999 and November 1999
was returned unclaimed and thereafter, complainant could not be located.
Moreover, the agency found the claims raised in complainant's March 20,
2002 complaint (agency number 1-J-631-0046-02) are the same as those
raised in complainant's prior EEO matter (agency number 4-I-630-0116-99).
The Commission finds that complainant's claims regarding the processing of
a previous EEO matter are properly dismissed pursuant to � 1614.107(a)(8).
To the extent that complainant is attempting to resurrect his claim
regarding his termination that he raised in agency number 4-I-630-0116-99,
we find that complainant's contact of an EEO Counselor on December 10,
2001, was beyond the 45 day deadline set forth in � 1614.105(a)(1)
and is properly dismissed pursuant to � 1614.107(a)(2) for untimely EEO
Counselor contact.
The agency's decision dismissing the complaint is AFFIRMED.
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
October 3, 2002
__________________
Date