0120080176
12-28-2007
Frank E. Watson, JR, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.
Frank E. Watson, JR,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Appeal No. 0120080176
Agency No. 1G701002907
DISMISSAL OF APPEAL
By Notice of Appeal postmarked October 9, 2007, complainant filed an
appeal with this Commission from the August 2, 2007 final agency decision
(FAD) dismissing his EEO 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.
The record indicates that the FAD was received by complainant by August
9, 2007. A review of the FAD reveals that the agency properly advised
complainant that he had thirty (30) calendar days after receipt of its
final decision to file his appeal with the Commission. Therefore, in
order to be considered timely, complainant had to file his appeal no
later than September 10, 2007.1 Complainant has not offered adequate
justification for an extension of the applicable time limit for filing
his appeal. Accordingly, complainant's October 9, 2007 appeal is hereby
dismissed. See 29 C.F.R. � 1614.403(c).
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
December 28, 2007
__________________
Date
1 It appears that complaint was confused by the acknowledgement letter
dated July 27, 2007, which explained to him what would happen if the
complaint was accepted for investigation. On August 14, 2007, complainant
sought a hearing, although he had already received the agency's decision
dismissing the complaint. On September 13, 2007 the EEOC dismissed his
hearing request as premature. On October 3, 2007 the EEOC again dismissed
the matter, accepting the agency's motion to dismiss. Complainant does not
explain why he did not file an appeal as set forth in the final agency
decision. His request for a hearing, coming after he received the FAD,
does not excuse the untimely filing of his appeal.
??
??
??
??
2
0120080176
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P. O. Box 19848
Washington, D.C. 20036
3
0120080176