Grover Banks, Appellant,v.William J. Henderson, Postmaster General, United States Postal Service, Agency.

Equal Employment Opportunity CommissionOct 16, 1998
05980468 (E.E.O.C. Oct. 16, 1998)

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