Annie L. Herling, Appellant,v.William J. Henderson, Postmaster General, United States Postal Service, Agency.

Equal Employment Opportunity CommissionSep 23, 1999
01994064 (E.E.O.C. Sep. 23, 1999)

01994064

09-23-1999

Annie L. Herling, Appellant, v. William J. Henderson, Postmaster General, United States Postal Service, Agency.


Annie L. Herling v. United States Postal Service

01994064

September 23, 1999

Annie L. Herling, )

Appellant, )

)

v. )

) Appeal No. 01994064

William J. Henderson, ) Agency No.1-J-603-0138-98

Postmaster General, )

United States Postal Service, )

Agency. )

______________________________)

DECISION

The appellant timely filed an appeal with this Commission from a final

agency decision, dated March 4, 1999, which dismissed the appellant's

complaint pursuant to 29 C.F.R. �1614.107(b). The Commission accepts

the appeal in accordance with EEOC Order No. 960, as amended.

EEOC Regulation 29 C.F.R. �1614.105(d) requires that after a complainant

contacts an EEO counselor, and the matter has not been resolved, "the

aggrieved person shall be informed in writing by the Counselor ... of the

right to file a discrimination complaint." The notice shall inform the

complainant of the right to file a discrimination complaint within 15 days

of receipt of the notice. 29 C.F.R. �1614.105(d). A complaint must be

filed within 15 days of receipt of the notice. 29 C.F.R. �1614.106(b).

EEOC Regulation 29 C.F.R. �1614.107(b) provides that an agency shall

dismiss a complaint that fails to comply with the time limits contained

in �1614.106.

Based on a review of the record, we find that the agency properly

dismissed the complaint on the grounds that it was untimely filed.

A Domestic Return Receipt shows that appellant received the Notice of

Right to File on December 23, 1998. Appellant's complaint was filed on

January 8, 1999, one day beyond the time limitation.

Accordingly, the Commission AFFIRMS the agency's decision dismissing

the complaint.

STATEMENT OF RIGHTS - ON APPEAL

RECONSIDERATION (M0795)

The Commission may, in its discretion, reconsider the decision in this

case if the appellant or the agency submits a written request containing

arguments or evidence which tend to establish that:

1. New and material evidence is available that was not readily available

when the previous decision was issued; or

2. The previous decision involved an erroneous interpretation of law,

regulation or material fact, or misapplication of established policy; or

3. The decision is of such exceptional nature as to have substantial

precedential implications.

Requests to reconsider, with supporting arguments or evidence, MUST

BE FILED WITHIN THIRTY (30) CALENDAR DAYS of the date you receive this

decision, or WITHIN TWENTY (20) CALENDAR DAYS of the date you receive

a timely request to reconsider filed by another party. Any argument in

opposition to the request to reconsider or cross request to reconsider

MUST be submitted to the Commission and to the requesting party

WITHIN TWENTY (20) CALENDAR DAYS of the date you receive the request

to reconsider. See 29 C.F.R. �1614.407. All requests and arguments

must bear proof of postmark and 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 filed on the date it is received

by the Commission.

Failure to file within the time period will result in dismissal of your

request for reconsideration as untimely. If extenuating circumstances

have prevented the timely filing of a request for reconsideration,

a written statement setting forth the circumstances which caused the

delay and 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).

RIGHT TO FILE A CIVIL ACTION (S0993)

It is the position of the Commission that 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.

You should be aware, however, that courts in some jurisdictions have

interpreted the Civil Rights Act of 1991 in a manner suggesting that

a civil action must be filed WITHIN THIRTY (30) CALENDAR DAYS from the

date that you receive this decision. To ensure that your civil action

is considered timely, you are advised to file it WITHIN THIRTY (30)

CALENDAR DAYS from the date that you receive this decision or to consult

an attorney concerning the applicable time period in the jurisdiction

in which your action would be filed. In the alternative, you may file a

civil action AFTER ONE HUNDRED AND EIGHTY (180) CALENDAR DAYS of the date

you filed your complaint with the agency, or filed your appeal with the

Commission. 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. Filing a civil

action will terminate the administrative processing of your complaint.

RIGHT TO REQUEST COUNSEL (Z1092)

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:

09/23/1999

DATE Carlton M. Hadden, Acting Director

Office of Federal Operations