01a51406
03-03-2005
Cheryl L. Rice, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.
Cheryl L. Rice v. United States Postal Service
01A51406
3/03/05
.
Cheryl L. Rice,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Appeal No. 01A51406
Agency No. 4E-590-0018-04
DECISION
Upon review, the Commission finds that complainant's complaint was
properly dismissed pursuant to 29 C.F.R. � 1614.107(a)(2), for untimely
EEO Counselor contact. In her complaint, complainant alleged that she
was subjected to discrimination on the bases of race (Caucasian), sex
(female), disability, and reprisal for prior EEO activity when:
On February 28, 2004, complainant learned from the Office of Personnel
Management that she was illegally required to waive Continuation of Pay
(COP) and compensation rights, in relation to an injury she sustained
on December 19, 1989;
On April 17, 2004, complainant learned during a conversation with a
retired USPS career manager, that she was protected by law against
discrimination based on being a Caucasian mother of a racially mixed
African-American child when she failed to receive a postmaster position
in rural Montana;
On December 27, 1985, complainant was informed that she received an
overpayment of COP totaling 40 hours for her injury of September 10,
1985, and that several of her COP hours would be changed to Leave Without
Pay;<1> and
On April 21, 2004, complainant asked OWCP to remove from her file
collusive letters of falsehoods that were repeated in an OWCP statement
of accepted facts, which she stated resulted in her OWCP claim being
wrongfully closed and her being terminated from the agency in 1987.
The record discloses that complainant alleges that she was forced to
waive her COP rights in 1989, that her non-selection took place in
1983, that her COP was altered in 1985, and that she was terminated
from the agency in 1987. Complainant did not initiate contact with
an EEO Counselor until March 24, 2004, which is beyond the forty-five
(45) day limitation period. On appeal, complainant has presented no
persuasive arguments or evidence warranting an extension of the time
limit for initiating EEO Counselor contact. Accordingly, the agency's
final 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
_____3/03/05_____________
Date
1Allegation 3, as stated above, has been
revised according to the record. As stated in the FAD, the allegation
was nonsensical: �Complainant's Office of Worker's Compensation Program
(OWCP) accepted injury of September 10, 1985 of permanent and total
disability was a consequence of EEO retaliation by the agency, including
interfering with prescribed medical treatment and doctor diagnosis.�