Everardo Duenas, Jr., Complainant, William J. Henderson, Postmaster General, United States Postal Service, Agency.

Equal Employment Opportunity CommissionMar 8, 2000
05990589 (E.E.O.C. Mar. 8, 2000)

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.