05990589
03-08-2000
Everardo Duenas, Jr., Complainant, William J. Henderson, Postmaster General, United States Postal Service, Agency.
Everardo Duenas, Jr. v. United States Postal Service
05990589
March 8, 2000
Everardo Duenas, Jr., )
Complainant, )
) Request No. 05990589
) Appeal No. 01983999
) Agency No. 1-G-781-0023-98
William J. Henderson, )
Postmaster General, )
United States Postal Service, )
Agency. )
______________________________)
DENIAL OF REQUEST FOR RECONSIDERATION
On Wednesday, April 14, 1999, Everardo Duenas, Jr. (complainant)
initiated a request to the Equal Employment Opportunity Commission
(EEOC) to reconsider the decision in Duenas, Jr. v. USPS, EEOC Appeal
No. 01983999 (March 8, 1999).<1> In 64 Fed. Reg. 37644, 37659 (1999)
(to be codified and hereinafter referred to as 29 C.F.R. �1614.405),
EEOC regulations provide that the Commissioners may, in their discretion,
reconsider any previous decision. 29 C.F.R. �1614.405(b).
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). Where the complainant is
represented by an attorney, the date of receipt is the date the materials
are received by the attorney. 29 C.F.R. �1614.605(d). Requests for
reconsideration are deemed filed on the date received by the Commission,
unless postmarked earlier.
In this case, complainant's request for reconsideration was submitted
by facsimile machine and dated April 14, 1999. The record reflects
that complainant's attorney received our previous decision on March 12,
1999. Thus, the request for reconsideration was filed more than thirty
calendar days after receipt of the previous decision. In the request
for reconsideration, no reason is offered for submitting the request
for reconsideration more than 30 days after receipt of the previous
decision. The Commission finds that complainant has failed to provide
adequate justification for the untimely filing of the request.
Accordingly, complainant's request for reconsideration is untimely and
is DENIED. The decision in EEOC Appeal No. 01983999 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.
COMPLAINANT'S RIGHT TO FILE A CIVIL ACTION (P1199)
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 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.
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:
March 8, 2000
DATE Carlton M. Hadden, Acting Director
Office of Federal Operations
CERTIFICATE OF MAILING
For timeliness purposes, the Commission will presume that this decision
was received within five (5) calendar days after it was mailed. I certify
that this decision was mailed to complainant, complainant's representative
(if applicable), and the agency on:
___________________________
Date
1On November 9, 1999, revised regulations governing the EEOC's federal
sector complaint process went into effect. These regulations apply to all
Federal sector EEO complaints pending at any stage in the administrative
process. Consequently, the Commission will apply the revised regulations
found at 64 Fed. Reg. 37,644 (1999), where applicable, in deciding the
present appeal. The regulations, as amended, may also be found at the
Commission's website at WWW.EEOC.GOV.