Gabriel R. Vega, Complainant,v.John E. Potter, Postmaster General, United States Postal Service, Agency.

Equal Employment Opportunity CommissionMar 30, 2005
05a50647 (E.E.O.C. Mar. 30, 2005)

05a50647

03-30-2005

Gabriel R. Vega, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.


Gabriel R. Vega v. United States Postal Service

05A50647

March 30, 2005

.

Gabriel R. Vega,

Complainant,

v.

John E. Potter,

Postmaster General,

United States Postal Service,

Agency.

Request No. 05A50647

Appeal No. 01A44549

Agency No. 4F-950-0184-02

Hearing No. 370-2003-02340X

DISMISSAL OF REQUEST FOR RECONSIDERATION

Complainant initiated a request to the Equal Employment Opportunity

Commission (EEOC or Commission) to reconsider the decision in Gabriel

R. Vega v. United States Postal Service, EEOC Appeal No. 01A44549 (January

5, 2005). By regulation, requests for reconsideration must be filed

within 30 calendar days after the party receives our previous decision.

29 C.F.R. � 1614.405(b). A document is timely if it is received or

postmarked before the expiration of the applicable filing period, or, in

the absence of a legible postmark, is received by mail within five days of

the expiration of the applicable filing period. 29 C.F.R. � 1614.604(b).

It is noted that the Commission's previous decision included Certificate

of Mailing indicating that for timeliness purpose, the Commission will

presume that this decision was received within five (5) calendar days of

mailing, which was January 10, 2005. Complainant filed the request for

reconsideration postmarked March 10, 2005, which was beyond the 30-day

time limit. Accordingly, complainant's request for reconsideration

is hereby DISMISSED. The decision in EEOC Appeal No. 01A44549

remains the Commission's final decision. There is no further right of

administrative appeal on the decision of the Commission on this request

for reconsideration.

COMPLAINANT'S RIGHT TO FILE A CIVIL ACTION (P0900)

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:

______________________________

Carlton M. Hadden, Director

Office of Federal Operations

March 30, 2005

__________________

Date