0520080693
08-29-2008
Savannah Jefferson, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.
Savannah Jefferson,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Request No. 0520080693
Appeal No. 0120052311
Agency No. 1J605002802
DISMISSAL OF REQUEST FOR RECONSIDERATION
Complainant requested reconsideration of the decision in Savannah
Jefferson v. United States Postal Service, EEOC Appeal No. 0120052311
(May 20, 2005). EEOC Regulations provide that the Commission may, in its
discretion, grant a request to 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. See 29 C.F.R. � 1614.405(b).
By regulation, a request for reconsideration must be filed within thirty
(30) calendar days after the party receives the previous decision.
29 C.F.R. � 1614.405(b). A document is timely if it is received
or postmarked before the expiration of the applicable filing period
or, in the absence of a legible postmark, if it 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 regulations also provide
that, with a showing of good cause, time limits are subject to waiver,
estoppel and equitable tolling. See 29 C.F.R. � 1614.604(c).
The Commission's previous decision was issued on May 20, 2005, and
included a Certificate of Mailing indicating that, for purposes of
timeliness, the Commission would presume that the decision was received
within five (5) calendar days of the date on which it was mailed.
Complainant had thirty days from May 25, 2005, or no later than June
24, 2005, to file her request. As evidenced by the post mark date,
complainant mailed the instant request on July 8, 2008, several years
beyond the 30-day limit set by our regulations. In addition, even
accepting her statement that she received the agency's decision in May
2007, her request is one year beyond the 30-day time limit. She provided
no reason for the delay.
For the foregoing reasons, the complainant's request is denied.
The decision in EEOC Appeal No. 0120052311 remains the Commission's
final decision.1 There is no further right of administrative appeal on
the decision of the Commission on this request.
NOTICE OF RIGHTS - REQUEST TO RECONSIDER
COMPLAINANT'S RIGHT TO FILE A CIVIL ACTION (P0408)
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 (Z0408)
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
__08/29/2008________________
Date
1 The decision in EEOC Appeal No. 0120052311 dismissed the appeal for
untimely filing.
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2
0520080693
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P. O. Box 19848
Washington, D.C. 20036