01986156
01-27-2000
Mattie A. Lowe, Complainant, v. William J. Henderson, Postmaster General, United States Postal Service, (S.E./S.W. Areas), Agency.
Mattie A. Lowe v. United States Postal Service
01986156
January 27, 2000
.
Mattie A. Lowe,
Complainant,
v.
William J. Henderson,
Postmaster General,
United States Postal Service,
(S.E./S.W. Areas),
Agency.
Appeal No. 01986156
Agency No. 4-G-730-1191-95
Hearing No. 310-97-5383X
DISMISSAL OF APPEAL
By Notice of Appeal postmarked August 10, 1998, complainant filed
an appeal with this Commission from the April 14, 1998 final agency
decision (FAD) dismissing her EEO complaint of unlawful employment
discrimination. <1>
A copy of the certified mail return receipt card reveals that the FAD
was received at complainant's address of record on April 24, 1998. A
review of the FAD reveals that the agency properly advised complainant
that she had thirty (30) calendar days after receipt of its final
decision to file appeal with the Commission. Inasmuch as the thirtieth
day following complainant's receipt of the FAD (May 24, 1998) fell on
a Sunday, and the following day (May 25, 1998) was a federal holiday,
complainant's notice of appeal had to be filed no later than May 26,
1998, in order to be considered timely.
On appeal, complainant requests that the thirty-day time limit be waived
because her brother died one month before her receipt of the FAD, she
had family obligations arising from his death, and further because her
attorney did not return her files to her until July 28, 1998. Although
complainant contends that she did not become aware of the time limit
for filing a notice of appeal until she received her files from her
attorney in July, 1998, we note that the FAD, which was mailed directly to
complainant, expressly addressed the thirty-day time limit for filing an
appeal. Accordingly, complainant has not offered adequate justification
for an extension of the applicable time limit for filing an appeal. The
Commission cannot address any differences between complainant and her
counsel regarding this matter. Accordingly, complainant's August 10,
1998 appeal is hereby DISMISSED. See 64 Fed. Reg. 37,644, 37,659, 37,
661 (1999)(to be codified and hereinafter referred to as 29 C.F.R. ��
1614.402 and 1614.604).
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M1199)
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 64 Fed. Reg. 37,644, 37,659 (1999) (to be codified and hereinafter
referred to as 29 C.F.R. �1614.405). 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 64 Fed. Reg. 37,644, 37,661 (1999)
(to be codified and hereinafter referred to as 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 (S1199)
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
January 27, 2000
__________________
Date
CERTIFICATE OF MAILING
For timeliness purposes, the Commission will presume that this decision
was received within five (5) calendar days after it was mailed. I certify
that this decision was mailed to complainant, complainant's representative
(if applicable), and the agency on:
__________________
Date
______________________________
1On 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.