05980918
11-13-1998
James D. Vanderwarf, Appellant, v. William J. Henderson, Postmaster General, United States Postal Service, Agency.
James D. Vanderwarf v. United States Postal Service
05980918
November 13, 1998
James D. Vanderwarf, )
Appellant, )
) Request No. 05980918
v. ) Appeal No. 01976216
) Agency No. 4-E-800-1103-96
William J. Henderson, )
Postmaster General, )
United States Postal Service, )
Agency. )
__________________________________)
DENIAL OF REQUEST FOR RECONSIDERATION
On June 26, 1998, James D. Vanderwarf (appellant) initiated a request
to the Equal Employment Opportunity Commission (EEOC) to reconsider
the decision in Vanderwarf v. USPS, EEOC Appeal No. 01976216 (May 21,
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 a postal
meter date of Friday, June 26, 1998. The record reflects that appellant
received our previous decision on May 26, 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 states that he was "deeply involved" in acting steward duties
and helping the new president, and that his mother was ill. Thus,
he argues that he did "not have the full use of [his] time to properly
research and reply to [the EEOC} thoroughly." To the extent that appellant
is arguing that other responsibilities prevented his timely filing of
his request, the Commission finds that appellant has failed to submit
adequate justification for extending the filing period beyond thirty
days. 29 C.F.R. �1614.604(c).
Accordingly, appellant's request for reconsideration is untimely and
is DENIED. The decision in EEOC Appeal No. 01976216 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:
Nov. 13, 1998
____________ ___________________________
Date Frances M. Hart
Executive Officer
Executive Secretariat