05a01031
11-28-2000
Robert Gannon, Complainant, v. William J. Henderson, Postmaster General, United States Postal Service, (N.E./N.Y. Metro Region), Agency.
Robert Gannon v. United States Postal Service
05A01031
November 28, 2000
.
Robert Gannon,
Complainant,
v.
William J. Henderson,
Postmaster General,
United States Postal Service,
(N.E./N.Y. Metro Region),
Agency.
Request No. 05A01031
Appeal No. 01993214
Agency No. 4B018013697
Hearing No. 160988669X
DENIAL OF REQUEST FOR RECONSIDERATION
On July 3, 2000, complainant initiated a request to the Equal Employment
Opportunity Commission (Commission) to reconsider the decision in Robert
Gannon v. United States Postal Service, EEOC Appeal No. 01993214 (March
5, 2000). EEOC Regulation 29 C.F.R. �1614.405(b) <1> provides that the
Commission may, in its discretion, 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. 29 C.F.R. �
1614.405(b).
By regulation, requests for reconsideration must be filed within 30
calendar days after the party receives our previous decision. 29 C.F.R. �
1614.405(b). A document is timely if its 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 record shows that our previous decision was mailed to complainant
on March 6, 2000, and that it notified him that the Commission presumes
that the decision was received five calendar days after it was mailed,
that he had the right to request reconsideration within 30 calendar
days of receipt, and the EEOC address where the request should be sent.
Consequently, the 30 day time limit for filing the instant request ended
on April 10, 2000. Complainant's request for reconsideration is dated
June 30, 2000, and was received by the Commission on July 3, 2000. Thus,
the complainant's request for reconsideration was filed beyond the 30 day
time limit. Complainant failed to submit any justification for extending
the filing period beyond 30 days. Accordingly, the complainant's
request for reconsideration is denied. The decision of the Commission
in EEOC Appeal No. 01993214 remains the Commission's final decision.
There is no further right of administrative appeal from a decision of
the Commission on a request for reconsideration.
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
November 28, 2000
__________________
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.