01A14555_r
11-06-2001
Anthony L. Streeter v. United States Postal Service
01A14555
November 6, 2001
.
Anthony L. Streeter,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Appeal No. 01A14555
Agency No. 4-D-280-0082-01
DECISION
Upon review, the Commission finds that the agency's June 25, 2001 decision
dismissing complainant's complaint was proper pursuant to 29 C.F.R. �
1614.107(a)(2), for untimely EEO Counselor contact. Complainant alleges
that he was discriminated against on the bases of race and retaliation
when: (1) on or about November 11, 2000, he was placed on Enforcement
Leave; (2) on or about September 26, 2000, he was issued a Notice of
Suspension of 14 days or Less for Continued Unsatisfactory Attendance;
(3) on July 27, 2000, Postmaster was verbally abusive and threatening; (4)
on July 20, 2000, his Postmaster questioned him about using the copier,
accused him of passing some type of paperwork, accused him of talking to
the carriers, accused him of loitering and questioning his break time;
(5) on July 17, 2000, a contract mail delivery driver informed him that
management notified him that he would no longer be on Postal premises
during work hours; and (6) on November 29, 1999, his Postmaster requested
his presence in his office where he lashed out at him claiming that he
was not doing his job.
Complainant did not initiate EEO Counselor contact until January 18,
2001, which is beyond the 45 day limitation period for all 6 claims.
Complainant argues on appeal that, although he had prior EEO activity,
he was unaware of the time frames to initiate EEO Counselor contact.
However, the record contains two affidavits, one from the postmaster,
and one from a distribution window clerk, which state that EEO posters
are on display with information about the 45 day time limitation.
Therefore, we find that complainant had constructive knowledge of the
time frame in which to initiate EEO Counselor contact. Complainant does
not present adequate justification to warrant extension of the applicable
time limitation.
The agency's decision dismissing complainant's complaint is AFFIRMED.
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
November 6, 2001
__________________
Date