05A00354
09-29-2003
Wendell P. Tyler, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.
Wendell P. Tyler v. United States Postal Service
05A00354
September 29, 2003
.
Wendell P. Tyler,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Request No. 05A00354
Appeal No. 01983084
Agency No. 4-J-604-1019-96
DENIAL OF REQUEST FOR RECONSIDERATION
Wendell P. Tyler (complainant) initiated a request to the Equal Employment
Opportunity Commission (EEOC or Commission) to reconsider the decision
in Tyler v. United States Postal Service, EEOC Appeal No. 01983084
(December 3, 1999). By regulation, requests for reconsideration must
be filed within thirty 30 calendar days after the party receives our
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. 29 C.F.R. � 1614.604(b).
The previous decision was presumed to have been received by complainant
within five (5) days of being sent on December 3, 1999. The decision
informed the complainant of his right to request reconsideration, the
regulatory time limit to do so, and the EEOC address where the request
should be sent. The complainant's request for reconsideration was filed
on January 24, 2000, beyond the 30 calendar day limitation period.
The complainant has not submitted adequate argument or evidence to
justify his delay.
Accordingly, the complainant's request for reconsideration is untimely
and is DISMISSED. The Commission's decision in EEOC Appeal No. 01983084
remains the Commission's final decision in this matter. There is no
further right of administrative appeal on the decision of the Commission
on this request for reconsideration.<1>
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
September 29, 2003
__________________
Date
1The claim in the complainant's complaint was that he was discriminatorily
denied reinstatement on October 4, 1995. The previous decision found
that the Merit Systems Protection Board (MSPB) had jurisdiction over the
matter. The Commission is now aware that the MSPB rejected jurisdiction.
At that point, the complainant's prior request for a hearing before an
EEOC Administrative Judge (AJ) was referred to an AJ. The AJ addressed
the merits of the claim and by decision dated August 17, 1999, found
no discrimination. The agency did not issue a final decision on the
matter. The complainant appealed the finding of no discrimination, and
it was docketed as EEOC Appeal No. 01A11392. The complainant's above
reinstatement claim will be addressed under EEOC Appeal No. 01A11392.