01A11212_r
04-13-2001
Jackie R. Turner v. Tennessee Valley Authority
01A11212
April 13, 2001
.
Jackie R. Turner,
Complainant,
v.
Craven H. Crowell, Jr.,
Chairman,
Tennessee Valley Authority,
Agency.
Appeal No. 01A11212
Agency No. 1113-2001011
DECISION
Complainant appealed to this Commission from a November 19, 2000 decision
to dismiss his employment discrimination complaint. In his complaint,
complainant alleged violations of Title VII of the Civil Rights Act of
1964 (Title VII), as amended, 42 U.S.C. � 2000e et seq. on the basis
of race (African-American) when he was not selected for one of six
laborer positions. The agency dismissed the complaint for failure to
file a timely formal complaint, finding that complainant received notice
of the right to file his complaint on May 13, 2000, but failed to file
the complaint until November 10, 2000.
On appeal, complainant argues that he was misled by the agency.
He contends that agency officials told him that he was not considered for
the position because he was not a union member. According to complainant,
he failed to file previously because he believed it was a �union problem,�
until he received a letter from the agency's Office of General Counsel
indicating that union membership was not a prerequisite for employment.
The record reveals that complainant received notice of his right to file
a complaint as indicated above. The Counselor's Report cites a letter
from agency management, essentially explaining that complainant was
not referred for the position because he allowed his union membership
to lapse. The record contains no statement or document informing
complainant that he could not file a complaint because his claim was �a
union problem.�
Complainants must file their formal complaints within fifteen (15) days of
receiving the right to do so. See 29 C.F.R. � 1614.106. The regulations
require the dismissal of claims that fail to comply with this time limit.
See 29 C.F.R. � 1614.107(a)(2).
The record indicates that management provided a purportedly
nondiscriminatory reason for its actions. However, complainant has not
shown that EEO officials, or other agency officials, misled complainant
into believing that he could not pursue his complaint through the EEO
process. Therefore, complainant has not presented sufficient reason to
toll the time limits for complainant to file his complaint.
CONCLUSION
Accordingly, the agency's dismissal is AFFIRMED.
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M0900)
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
April 13, 2001
__________________
Date