Isabel Fernandez, Complainant,v.John E. Potter, Postmaster General, United States Postal Service, Agency.

Equal Employment Opportunity CommissionMar 27, 2003
05a30539 (E.E.O.C. Mar. 27, 2003)

05a30539

03-27-2003

Isabel Fernandez, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.


Isabel Fernandez v. USPS

05A30539

March 27, 2003

.

Isabel Fernandez,

Complainant,

v.

John E. Potter,

Postmaster General,

United States Postal Service,

Agency.

Request No. 05A30539

Appeal No. 01A11225

Agency Nos. 4E-852-1338-94, 1127-95, & 1184-96

Hearing No. 350-A0-8063X

DENIAL OF REQUEST FOR RECONSIDERATION

The complainant initiated a request to the Equal Employment Opportunity

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

Fernandez v. United States Postal Service, EEOC Appeal No. 01A11225

(January 23, 2003). EEOC Regulations provide that the Commission may,

in its discretion, reconsider any previous Commission decision where the

requesting party demonstrates that: (1) the appellate decision involved

a clearly erroneous interpretation of material fact or law; or (2)

the appellate decision will have a substantial impact on the policies,

practices, or operations of the agency. See 29 C.F.R. � 1614.405(b).

By regulation, requests for reconsideration must be filed within thirty

(30) calendar days after the party receives the 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, if it 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 a Certificate

of Mailing indicating that, for purposes of timeliness, the Commission

will presume that the decision was received within five (5) calendar days

of the date on which it was mailed, January 23, 2003. Complainant's

attorney is presumed to have received the previous decision no later

than January 28, 2003. As evidenced by the postmark, the attorney

filed the request for reconsideration on Friday, February 28, 2003,

which was beyond the 30-day limit set by regulation.

For the foregoing reasons, the Complainant's s request for

reconsideration is denied. The decision in EEOC Appeal No. 01A11225

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 27, 2003

__________________

Date