05971089
09-10-1999
Eve F. Radcliff, Appellant, v. William J. Henderson, Postmaster General, United States Postal Service, Agency.
Eve F. Radcliff v. United States Postal Service
05971089
September 10, 1999
Eve F. Radcliff, )
Appellant, )
) Request No. 05971089<1>
v. ) Appeal No. 01961735
) Agency No. 4F-913-1209-95
William J. Henderson, )
Postmaster General, )
United States Postal Service, )
Agency. )
)
DISMISSAL OF REQUEST FOR RECONSIDERATION
INTRODUCTION
On January 4, 1997, Eve F. Radcliff (hereinafter referred to as appellant)
initiated a request to the Equal Employment Opportunity Commission
(the Commission) to reconsider the decision in Eve F. Radcliff
v. Marvin T. Runyon, Jr., Postmaster General, United States Postal
Service, EEOC Appeal No. 01961735 (October 29, 1996). The Commission's
regulations require that requests to reconsider be filed within thirty
(30) calendar days of the date the previous decision is received.
See 29 C.F.R. �1614.407(b). Our records show that appellant received
the previous decision on November 4, 1996. Appellant's request should
have been filed on or before December 4, 1996, and is untimely. Further,
appellant has not offered reasons for waiver of these time requirements.
29 C.F.R. �1614.604(c).
For this reason, appellant's request is dismissed. The decision in
EEOC Appeal No. 01961735 (October 29, 1996) remains the Commission's
final decision. There is no further right of administrative appeal on
a decision of the Commission on a Request for Reconsideration.
STATEMENT OF APPELLANT'S RIGHTS - ON 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:
September 10, 1999
Date Frances M. Hart
Executive Officer
1Appellant utilized EEOC Form 573 to file her Request for Reconsideration
(RTR), and the Office of Federal Operations (OFO) inadvertently docketed
her RTR as an appeal. When the error was discovered, OFO closed the
docketed appeal by letter and assigned an RTR number to appellant's
request. EEOC Appeal No. 01972322 (October 21, 1997).