05970468
01-08-1999
Emanuel Bailey, Appellant, v. Craven H. Crowell, Jr., Chairman, Tennessee Valley Authority, Agency.
Emanuel Bailey v. Tennessee Valley Authority
05970468
January 8, 1999
Emanuel Bailey, )
Appellant, )
)
v. ) Request No. 05970468
) Appeal No. 01961660
) Agency No. 0919-95146
Craven H. Crowell, Jr., )
Chairman, )
Tennessee Valley Authority, )
Agency. )
______________________________)
On February 12, 1997, the Equal Employment Opportunity Commission
(EEOC) received a request from Emanuel Bailey (hereinafter referred
to as appellant) to reconsider the decision in Bailey v. Tennessee
Valley Authority, EEOC Appeal No. 01961660 (December 30, 1996).
The envelope containing the request for reconsideration does not
contain a postmark. EEOC Regulations provide that the Commissioners
may, in their discretion, reconsider any previous Commission decision.
29 C.F.R. �1614.407(a) & (c).
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. � 1614.407(b). A document shall be
deemed timely if it is delivered in person or postmarked before the
expiration of the applicable filing period, or, in the absence of a
legible postmark, if it is received by mail within five days of the
expiration of the applicable filing period. The time limits are subject
to waiver, estoppel and equitable tolling.
In this case, appellant's request for reconsideration was received
by the Commission on February 12, 1997 in an unpostmarked envelope.
The record reflects that appellant received our previous decision on
January 6, 1997. Therefore, appellant's request for reconsideration
was received more than five days after the expiration of the applicable
filing period. In his request for reconsideration, appellant discusses
the merits of his case but does not give a reason for the untimeliness of
his request for reconsideration. Appellant has failed to submit adequate
justification for extending the filing period beyond thirty days.
Accordingly, appellant's request for reconsideration is untimely
and is DENIED. The decision in EEOC Appeal No. 01961660 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
JAN 8, 1999
DATE
Frances M. Hart
Executive Officer
Executive Secretariat