05a60104
11-10-2005
Barbara J. Wilcox, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.
Barbara J. Wilcox v. United States Postal Service
05A60104
11-10-05
.
Barbara J. Wilcox,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Request No. 05A60104
Appeal No. 01A55722
Agency No. 4J-600-0239-01
Hearing No. 210-2004-00277X
DENIAL
Barbara J. Wilcox (complainant) timely requested reconsideration of
the decision in Barbara J. Wilcox v. United States Postal Service,
EEOC Appeal No. 01A55722 (September 15, 2005). EEOC Regulations
provide that the Commission may, in its discretion, grant a request
to reconsider any previous Commission decision where the requesting
party demonstrates 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. See 29 C.F.R. � 1614.405(b).
In the appellate decision, complainant's complaint was dismissed pursuant
to 29 C.F.R. � 1614.402(a), for failure to file her appeal within 30
days of receipt of the agency's Notice of Final Decision. The evidence
showed that complainant acknowledged that she received the agency's
Notice of Final Decision on May 3, 2005. She did not however, file her
appeal until July 18, 2005, some 48 days past the due date. Complainant
also did not provide a reason to extend the time limit as is set out in
the regulations. See C.F.R. � 1614.604(c).
In her request for reconsideration, complainant fails to address the
timeliness issue but discusses the merits of the case. She presents
no arguments as to why her appeal was untimely. She also provides no
information demonstrating that the appellate decision involved a clearly
erroneous interpretation of material fact or law or that the appellate
decision will have a substantial impact on the policies, practices,
or operations of the agency.
After reconsidering the previous decision and the entire record, the
Commission finds that the request fails to meet the criteria of 29
C.F.R. � 1614.405(b), and it is the decision of the Commission to deny
the request. Accordingly, the decision in EEOC Appeal No. 01A55722
remains the Commission's final decision. There is no further right of
administrative appeal on the decision of the Commission on this request.
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
___11-10-05_______________
Date