05a51002
07-13-2005
Tony E. Williams, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.
Tony E. Williams v. United States Postal Service
05A51002
7/13/2005
.
Tony E. Williams,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Request No. 05A51002
Appeal No. 01A33534
Agency No. 4G-730-0048-03
DISMISSAL
Tony E. Williams (complainant) requested reconsideration of the
decision in Tony E. Williams v. United States Postal Service, EEOC
Appeal No. 01A33534 (September 9, 2003). 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, requests for reconsideration must be filed within thirty
(30) calendar days after the requesting party 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, if it is received within five days of
the expiration of the applicable filing period. 29 C.F.R. � 1614.604(b).
The previous decision included a certificate of mailing indicating that
the decision was mailed on September 9, 2003. The decision informed
complainant that it presumed receipt within five days of mailing.
Further, the decision stated that requests to reconsider must be filed
within thirty calendar days of receipt of the decision.
Complainant submitted his request via fax on June 28, 2005. In his
request, complainant states that he did not understand that he had
thirty days from receipt of the prior decision to file a request for
reconsideration. Complainant failed to provide adequate justification
to warrant an extension of the applicable time limit.
Complainant's request for reconsideration is untimely and is DISMISSED.
The decision in EEOC Appeal No. 01A33534 remains the Commission's final
decision. There is no further right of administrative appeal on the
decision of the Commission on this request.
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
7/13/2005
Date