05a60100
11-17-2005
Martin Johnson, Jr., Complainant, v. John W. Snow, Secretary, Department of the Treasury, Agency.
Martin Johnson, Jr. v. Department of the Treasury
05A60100
11-17-05
.
Martin Johnson, Jr.,
Complainant,
v.
John W. Snow,
Secretary,
Department of the Treasury,
Agency.
Request No. 05A60100
Appeal No. 01A45956
Agency Nos. 02-2106 & 02-2296
Hearing No. 310-2004-00234X
DENIAL
Martin Johnson, Jr. (complainant) requested reconsideration of the
decision in Martin Johnson, Jr. v. Department of the Treasury, EEOC Appeal
No. 01A45956 (August 17, 2005). The decision contained a certificate of
mailing that provided that it is presumed that complainant received the
decision within five (5) calendar days after it was mailed. The decision
was mailed on August 17, 2005, therefore, complainant is presumed to
have received it on August 22, 2005. In order for complainant's request
for reconsideration to be timely, he should have submitted his request
no later than September 21, 2005. Complainant filed his request for
reconsideration on October 3, 2005.
Under our regulations, a complainant is required to file a request for
reconsideration within thirty (30) days of receiving the underlying
Commission decision. 29 C.F.R. � 1614.405(b). In his request for
reconsideration, complainant states that he faxed the decision to his
representative on September 22, 2005. Complainant also states that
Hurricane Rita caused major damage to the power system during the week
of September 22. We find, however, that complainant failed to proffer a
sufficiently compelling reason to justify his delay in filing his request
for reconsideration. We presume that complainant received the decision
on August 22, 2005. Therefore, in order for complainant to have filed
in a timely manner, he would have had to do so no later than September
21, 2005. Although complainant stated that the power system was damaged
the week of September 22, 2005, he also stated that he faxed the decision
to his representative on September 22, 2005. Since complainant does not
offer any further information to explain this discrepancy, we find that
complainant has not established that he was unable to submit his request
in a timely manner. As such, it is the decision of the Commission to deny
complainant's request for reconsideration as it is untimely. The decision
in EEOC Appeal No. 01A45956 remains the Commission's final decision.
There is no further right of administrative appeal on the decision of
the Commission on this request.
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
___11-17-05_______________
Date