05990507
09-30-1999
Barbara Janak, Appellant, v. William J. Henderson, Postmaster General, United States Postal Service, Agency.
Barbara Janak v. United States Postal Service
05990507
September 30, 1999
Barbara Janak, )
Appellant, )
) Request No. 05990507
v. ) Appeal No. 01974085
) Agency No. 4-G-770-0017-97
William J. Henderson, )
Postmaster General, )
United States Postal Service, )
Agency. )
__________________________________)
DENIAL OF REQUEST FOR RECONSIDERATION
On March 25, 1999, Barbara Janak (appellant) initiated a request to
the Equal Employment Opportunity Commission (EEOC) to reconsider the
decision in Janak v. USPS, EEOC Appeal No. 01974085 (February 17,
1999). Appellant received the previous decision on March 12, 1999. EEOC
Regulations provide that the Commissioners may, in their discretion,
reconsider any previous decision. 29 C.F.R. �1614.407(a). The party
requesting reconsideration must submit written argument or evidence
which tends to establish one or more of the following three criteria:
new and material evidence is available that was not readily available
when the previous decision was issued, 29 C.F.R. �1614.407(c)(1);
the previous decision involved an erroneous interpretation of law,
regulation or material fact, or misapplication of established policy,
29 C.F.R. �1614.407(c)(2); and the previous decision is of such
exceptional nature as to have substantial precedential implications,
29 C.F.R. �1614.407(c)(3). Appellant's request is denied.
The previous decision dismissed appellant's appeal as untimely filed,
finding that appellant received the final agency decision on January 7,
1997, and that she filed her appeal on April 23, 1997. In her request for
reconsideration, appellant appears to argue the merits of her complaint
and that the "issue of timeliness was employer imposed." The time limits
for filing appeals are set forth at 29 C.F.R. �1614.402(a), and are not
imposed by the agency. Rather, it is a regulatory requirement. As such,
appellant as failed to submit adequate justification for extending the
time limits for filing her appeal.
After a review of appellant's request for reconsideration, the previous
decision, and the entire record, the Commission finds appellant's request
does not meet the criteria of 29 C.F.R. �1614.407(a), and it is the
decision of the Commission to deny appellant's request. The decision
in EEOC Appeal No. 01974085 remains the Commission's final decision
in this matter. There is no further right of administrative appeal from
a decision of the Commission on a request for reconsideration.
RIGHT TO FILE A CIVIL ACTION (P0993)
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.
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. 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 (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:
Sept. 30, 1999
____________ ___________________________
Date Frances M. Hart
Executive Officer
Executive Secretariat