05A20864_r
03-13-2003
Earnest James, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.
Earnest James v. United States Postal Service
05A20864
March 13, 2003
.
Earnest James,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Request No. 05A20864
Appeal No. 01A10179
Agency No. 4-C-1873-93
DENIAL OF REQUEST FOR RECONSIDERATION
Earnest James (complainant) initiated a request to the Equal Employment
Opportunity Commission (EEOC or Commission) to reconsider the decision in
Earnest James v. United States Postal Service, EEOC Appeal No. 01A10179
(March 28, 2001). By regulation, requests for reconsideration must
be filed within thirty (30) calendar days after the party requesting
reconsideration receives our previous decision. 29 C.F.R. � 1614.405(b).
A document is timely if received or postmarked before the expiration of
the applicable filing period, or, in the absence of a legible postmark,
is received by mail within five days of the expiration of the applicable
filing period. 29 C.F.R. � 1614.604(b). The Commission's previous
decision included a Certificate of Mailing indicating that for timeliness
purposes, the Commission will presume that a decision was received
within five calendar days of mailing, which was April 2, 2001. Here,
complainant's request for reconsideration was filed with the Commission,
at the earliest on June 14, 2002, which is untimely.
Complainant's request to reconsider is untimely and is DISMISSED.
The decision in EEOC Appeal No. 01A10179 remains the Commission's final
decision. There is no further right of administrative appeal on the
decision of the Commission on this request for reconsideration.
ORDER
The agency is ordered to determine the status of the claims accepted
as Agency No. 4-C-1285-93. If it finds that the claims have been
disposed of, then it may issue a new dismissal provided grounds for
such dismissal exist under EEOC Regulations. If it finds that the
claims have been investigated, and a Report of Investigation completed
without any decision being issued, then it must provide complainant with
a copy of the report, and notify him of his rights to a hearing before
an EEOC Administrative Judge, or an immediate final decision. If the
agency finds no investigation has been completed, then the agency must
perform an investigation on the merits of the remanded claims within 60
days of the date this decision becomes final. The agency must issue its
dismissal, or provide complainant with a copy of the investigative file
within 60 days of the date this decision becomes final.
A copy of the agency's new dismissal or letter transmitting the
investigative file to complainant must be provided to the Compliance
Officer as indicated below.
IMPLEMENTATION OF THE COMMISSION'S DECISION (K0501)
Compliance with the Commission's corrective action is mandatory.
The agency shall submit its compliance report within thirty (30)
calendar days of the completion of all ordered corrective action. The
report shall be submitted to the Compliance Officer, Office of Federal
Operations, Equal Employment Opportunity Commission, P.O. Box 19848,
Washington, D.C. 20036. The agency's report must contain supporting
documentation, and the agency must send a copy of all submissions to
the complainant. If the agency does not comply with the Commission's
order, the complainant may petition the Commission for enforcement
of the order. 29 C.F.R. � 1614.503(a). The complainant also has the
right to file a civil action to enforce compliance with the Commission's
order prior to or following an administrative petition for enforcement.
See 29 C.F.R. �� 1614.407, 1614.408, and 29 C.F.R. � 1614.503(g).
Alternatively, the complainant has the right to file a civil action on
the underlying complaint in accordance with the paragraph below entitled
"Right to File A Civil Action." 29 C.F.R. �� 1614.407 and 1614.408.
A civil action for enforcement or a civil action on the underlying
complaint is subject to the deadline stated in 42 U.S.C. 2000e-16(c)
(1994 & Supp. IV 1999). If the complainant files a civil action, the
administrative processing of the complaint, including any petition for
enforcement, will be terminated. See 29 C.F.R. � 1614.409.
COMPLAINANT'S RIGHT TO FILE A CIVIL ACTION (R0900)
This is a decision requiring the agency to continue its administrative
processing of your complaint. However, if you wish to file a civil
action, you have the right to file such action in an appropriate United
States District Court within ninety (90) calendar days from the date
that you receive this decision. 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 (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
March 13, 2003
__________________
Date