Jo Ann Booker, Complainant,v.William J. Henderson, Postmaster General, (Southeast/Southwest Areas) Agency.

Equal Employment Opportunity CommissionMar 31, 2000
05980649 (E.E.O.C. Mar. 31, 2000)

05980649

03-31-2000

Jo Ann Booker, Complainant, v. William J. Henderson, Postmaster General, (Southeast/Southwest Areas) Agency.


Jo Ann Booker v. Postmaster General

05980649

March 31, 2000

Jo Ann Booker, )

Complainant, )

) Request No. 05980649

v. ) Appeal No. 01966408

William J. Henderson, ) Agency No. I-G-756-1023-95

Postmaster General, ) Hearing No. 310-96-5213X

(Southeast/Southwest Areas) )

Agency. )

____________________________________)

DENIAL OF REQUEST FOR RECONSIDERATION

On April 20, 1995, the Equal Employment Opportunity Commission

(Commission) received a request from complainant to reconsider the

decision in Jo Ann Booker v. United States Postal Service, EEOC Appeal

No. 01966408 (February 26, 1998). <1> EEOC Regulations provide that the

Commissioners may, in their discretion, reconsider any previous decision

if the complainant or the agency submits a written request containing

arguments or evidence which tend to establish 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. 64 Fed. Reg. 37,644,

37,659 (1999) (to be codified and hereinafter referred to as 29 C.F.R. �

1614.405(b).

A request for reconsideration must be filed within 30 days of receipt

of the previous appellate decision. Id. A request is timely filed if

it is received or postmarked before the expiration of the applicable

filing period. Id.

Complainant's attorney concedes that his request for reconsideration was

11 days late.<2> However, states that "our office has been plagued with

mishaps to our staff (from broken hips and collar bone; to emergency

surgery). Our time slipped up on us amid all of the confusion and the

error was discovered yesterday." We find complainant's attorney's vague

explanation (which is lacking in specific documentation) insufficient

to waive the time requirements under the Commission's regulations.

Accordingly, we find that complainant's request for reconsideration

untimely. The Commission's decision in EEOC Appeal No. 01966408 (February

28, 1998) remains the Commission's final decision in this matter.

There is no further right of administrative appeal from a decision of

the Commission on request for reconsideration.

COMPLAINANT'S RIGHT TO FILE A CIVIL ACTION (P1199)

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:

March 31, 2000

____________________________

Date Carlton M. Hadden, Acting Director

Office of Federal Operations

CERTIFICATE OF MAILING

For timeliness purposes, the Commission will presume that this decision

was received within five (5) calendar days of mailing. I certify that

the decision was mailed to complainant, complainant's representative

(if applicable), and the agency on:

_______________ _______________________

Date

1 On November 9, 1999, revised regulations governing the EEOC's

federal sector complaint process went into effect. These regulations

apply to all federal sector EEO complaints pending at any stage in

the administrative process. Consequently, the Commission will apply

the revised regulations found at 64 Fed. Reg. 37,644 (1999), where

applicable, in deciding the present appeal. The regulations, as amended,

may also be found at the Commission's website at WWW.EEOC.GOV.

2 The record shows that complainant's attorney received our decision on

March 4, 1998. Accordingly, complainant's request for reconsideration

was due on April 3, 1998. Complainant's request for reconsideration

was postmarked on April 14, 1998.