Emanuel Bailey, Appellant,v.Craven H. Crowell, Jr., Chairman, Tennessee Valley Authority, Agency.

Equal Employment Opportunity CommissionJan 8, 1999
05970468 (E.E.O.C. Jan. 8, 1999)

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