Lynn Brown Appellant, William J. Henderson, Postmaster General, United States Postal Service, Agency.

Equal Employment Opportunity CommissionSep 10, 1999
01991035 (E.E.O.C. Sep. 10, 1999)

01991035

09-10-1999

Lynn Brown Appellant, William J. Henderson, Postmaster General, United States Postal Service, Agency.


Lynn Brown v. United States Postal Service

01991035

September 10, 1999

Lynn Brown )

Appellant, )

)

) Appeal No. 01991035

) Agency No. 4D-280-0167-98

William J. Henderson, )

Postmaster General, )

United States Postal Service, )

Agency. )

)

DISMISSAL OF APPEAL

On November 6, 1998, appellant filed an appeal with the Commission from

the September 24, 1998 final agency decision dismissing appellant's

complaint for failing to timely initiate contact with an EEO Counselor.

By regulation, appeals to the Commission must be filed within thirty

(30) calendar days after an appellant or her representative received

notice of the final agency decision. Appeals are deemed filed on the

date received by the Commission, unless postmarked earlier. See EEOC

Regulation 29 C.F.R. �1614.604(b).

In this case, the file contains a copy of appeal form 573 signed by

appellant on October 24, 1998. Therein, appellant indicates that she

received the final decision on September 28, 1998. Appellant's appeal

was postmarked November 6, 1998 and was received by the Commission on

November 10, 1998. The appeal was, therefore, beyond the thirty (30)

day time limit set by EEOC Regulations. A review of the final agency

decision reveals that the agency properly enclosed with its decision,

appeal rights to the Commission advising appellant that she had thirty

(30) calendar days after receipt of its final decision to file her appeal.

Therefore, in order to be considered timely, appellant had to file

her appeal no later than October 28, 1998. Appellant has offered no

justification for her untimely appeal. Accordingly, appellant's appeal

is hereby DISMISSED. See 29 C.F.R. ��1614.402 and 1614.604.

STATEMENT OF RIGHTS - ON APPEAL

RECONSIDERATION (M0795)

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

case if the appellant or the agency submits a written request containing

arguments or evidence which tend to establish that:

1. New and material evidence is available that was not readily available

when the previous decision was issued; or

2. The previous decision involved an erroneous interpretation of law,

regulation or material fact, or misapplication of established policy; or

3. The decision is of such exceptional nature as to have substantial

precedential implications.

Requests to reconsider, with supporting arguments or evidence, MUST

BE FILED WITHIN THIRTY (30) CALENDAR DAYS of the date you receive this

decision, or WITHIN TWENTY (20) CALENDAR DAYS of the date you receive

a timely request to reconsider filed by another party. Any argument in

opposition to the request to reconsider or cross request to reconsider

MUST be submitted to the Commission and to the requesting party

WITHIN TWENTY (20) CALENDAR DAYS of the date you receive the request

to reconsider. See 29 C.F.R. �1614.407. All requests and arguments

must bear proof of postmark and 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 filed on the date it is received

by the Commission.

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

request for reconsideration as untimely. If extenuating circumstances

have prevented the timely filing of a request for reconsideration,

a written statement setting forth the circumstances which caused the

delay and 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).

RIGHT TO FILE A CIVIL ACTION (S0993)

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. In the alternative, you may file a

civil action AFTER ONE HUNDRED AND EIGHTY (180) CALENDAR DAYS of the date

you filed your complaint with the agency, or filed your appeal with the

Commission. 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. Filing a civil

action will terminate the administrative processing of your complaint.

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:

September 10, 1999

__________________________________

DATE Carlton M. Hadden, Acting Director

Office of Federal Operations