05980468
10-16-1998
Grover Banks, Appellant, v. William J. Henderson, Postmaster General, United States Postal Service, Agency.
Grover Banks v. United States Postal Service
05980468
October 16, 1998
Grover Banks, )
Appellant, )
) Request No. 05980468
v. ) Appeal No. 01973732
) Agency No. 4-H-310-0079-97
William J. Henderson, )
Postmaster General, )
United States Postal Service, )
Agency. )
__________________________________)
DENIAL OF REQUEST FOR RECONSIDERATION
By letter received on March 16, 1998, Grover Banks (appellant)
initiated a request to the Equal Employment Opportunity Commission
(EEOC) to reconsider the decision in Banks v. USPS, EEOC Appeal
No. 01973732 (January 29, 1998). EEOC Regulations provide that the
Commissioners may, in their discretion, reconsider any previous 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). Requests for reconsideration
are deemed filed on the date received by the Commission, unless postmarked
earlier.
In this case, appellant's request for reconsideration carried an illegible
postmark. It was received by the Commission on March 16, 1998. The record
reflects that appellant received our previous decision on February 2,
1998. EEOC Regulation 29 C.F.R. �1614.604(b) states that a document shall
be deemed timely, in the absence of a legible postmark, if it is received
within five days of the expiration of the applicable filing period. In
the instant case, the latest filing date was March 4, 1998. Five days
from the date the request for reconsideration was received is March 11,
1998. Thus, appellant filed his request for reconsideration more than
thirty calendar days after he received the previous decision. In his
request for reconsideration, appellant does not offer any reason for his
untimely filing. 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. 01973732 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:
Oct. 16, 1998
____________ ___________________________
Date Frances M. Hart
Executive Officer
Executive Secretariat