Kevin M. Shuba, Complainant,v.William J. Henderson, Postmaster General, United States Postal Service, Agency.

Equal Employment Opportunity CommissionDec 19, 2000
01993494 (E.E.O.C. Dec. 19, 2000)

01993494

12-19-2000

Kevin M. Shuba, Complainant, v. William J. Henderson, Postmaster General, United States Postal Service, Agency.


Kevin M. Shuba v. United States Postal Service

01993494

December 19, 2000

.

Kevin M. Shuba,

Complainant,

v.

William J. Henderson,

Postmaster General,

United States Postal Service,

Agency.

Appeal No. 01993494

Agency No. 4-C-150-0035-99

DECISION

Upon review, we find that the complaint was properly dismissed pursuant

to 29 C.F.R. �1614.107(a)(2), on the grounds that complainant failed

to contact an EEO Counselor in a timely manner. Complainant claimed

that he was discriminated against on the basis of his sex (male) when

on October 3, 1998, he was reassigned from Tour 1 to Tour 3 and female

junior employees remained on Tour 1. The record reveals that complainant

did not initiate contact with an EEO Counselor until December 10, 1998,

after the expiration of the 45-day limitation period for contacting

an EEO Counselor. Complainant claimed that he was not aware that he

had been discriminated against until November 12, 1998, the date of

the meeting with regard to his Step 2 grievance. However, the Step 2

Grievance Appeal Form dated October 24, 1998, stated that complainant

believed that management was retaliating against him due to his prior

EEO activity. We find that this statement indicates that complainant

suspected discrimination no later than October 24, 1998, which was more

than 45 days before complainant initiated contact with an EEO Counselor.

Complainant has not submitted sufficient argument or evidence to justify

an extension of the 45-day limitation period. Accordingly, the agency

decision dismissing this complaint on the grounds of failure to contact

an EEO Counselor in a timely manner was proper and is hereby AFFIRMED.

STATEMENT OF RIGHTS - ON APPEAL

RECONSIDERATION (M0900)

The Commission may, in its discretion, reconsider the decision in this

case 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.

Requests to reconsider, with supporting statement or brief, must be filed

with the office of federal operations (OFO) within thirty (30) calendar

days of receipt of this decision or within twenty (20) calendar days of

receipt of another party's timely request for reconsideration. See 29

C.F.R. � 1614.405; Equal Employment Opportunity Management Directive for

29 C.F.R. Part 1614 (EEO MD-110), 9-18 (November 9, 1999). All requests

and arguments must be submitted to the Director, Office of Federal

Operations, Equal Employment Opportunity Commission, P.O. Box 19848,

Washington, D.C. 20036. In the absence of a legible postmark, the

request to reconsider shall be deemed timely filed if it is received by

mail within five days of the expiration of the applicable filing period.

See 29 C.F.R. � 1614.604. The request or opposition must also include

proof of service on the other party.

Failure to file within the time period will result in dismissal of your

request for reconsideration as untimely, unless extenuating circumstances

prevented the timely filing of the request. Any supporting documentation

must be submitted with your request for reconsideration. The Commission

will consider requests for reconsideration filed after the deadline only

in very limited circumstances. See 29 C.F.R. � 1614.604(c).

COMPLAINANT'S RIGHT TO FILE A CIVIL ACTION (S0900)

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. If you

file a request to reconsider and also file a civil action, filing a civil

action will terminate the administrative processing of your complaint.

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

December 19, 2000

__________________

Date