05990624
05-19-2000
Mirna B. Arias, Complainant, v. William J. Henderson, Postmaster General, United States Postal Service, Agency.
Mirna B. Arias v. United States Postal Service
05990624
May 19, 2000
Mirna B. Arias, )
Complainant, ) Request No. 05990624
) Appeal No. 01983015
v. )
)
William J. Henderson, )
Postmaster General, )
United States Postal Service, )
Agency. )
____________________________________)
DECISION
Mirna B. Arias (hereinafter referred to as complainant) timely initiated
a request to the Equal Employment Opportunity Commission (Commission)
to reconsider the decision in Mirna Arias v. William J. Henderson,
Postmaster General, United States Postal Service, EEOC Appeal No. 01983015
(March 16, 1999).<1> EEOC Regulations provide that the Commission
may, in its discretion, reconsider any previous decision where the
party demonstrates that: (1). the previous decision involved a clearly
erroneous interpretation of material fact or law; or (2). the decision
will have a substantial impact on the policies, practices, or operation
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)). For the reasons set
forth herein, complainant's request is denied.
ISSUE PRESENTED
The issue herein is whether the previous decision properly affirmed the
agency's dismissal of complainant's complaint as being untimely filed.
BACKGROUND
A review of the record reveals that complainant contacted an EEO Counselor
in October 1996, alleging that she was discriminated against when
the agency repeatedly denied her request to become a 204-B Supervisor.
Informal efforts to resolve the matter were unsuccessful, and complainant
was issued a Notice of Final Interview (Notice) on September 29, 1997.
The record includes a copy of a postal return receipt card which is
signed by complainant, showing that she received the document on October
3, 1997. The Notice specifically provided that complainant had the right
to file a formal complaint within 15 calendar days of her receipt thereof.
Complainant subsequently filed a formal complaint in the matter dated
October 24, 1997.
In its final decision dated February 11, 1998, the agency dismissed
complainant's complaint as untimely. The agency stated that since
complainant received the Notice on October 3, 1997, her formal
complaint was filed beyond the 15-day limitation period set forth in
the regulations. The previous decision affirmed the dismissal, finding
no evidence on appeal which warranted an extension of the applicable
limitation period.
ANALYSIS AND FINDINGS
64 Fed. Reg. 37,644, 37,656 (1999) (to be codified and hereinafter
referred to as 29 C.F.R. �1614.106(b)) requires the filing of a written
complaint with an appropriate agency official within 15 calendar days
after the date of receipt of the notice of the right to file a complaint.
In addition, documents are deemed timely filed if they are received or
postmarked before the expiration of the applicable limitation period.
EEOC Regulation 29 C.F.R. �1614.604(b). As stated, the record
reveals that complainant received the Notice on October 3, 1997;
however, complainant did not file her complaint until October 24, 1997.
The Notice specified that a formal complaint must be filed within 15 days
of the receipt thereof, and included the proper procedures for filing
a complaint. Complainant failed to present any evidence or arguments
with her request for reconsideration. Therefore, based upon a review
of the record, we find that complainant has failed to submit adequate
justification, pursuant to 29 C.F.R. �1614.604(c), for extending
the 15-day limitation period. Accordingly, the Commission denies
complainant's request for reconsideration, and finds that the agency's
decision to dismiss complainant's complaint as untimely was proper.
CONCLUSION
After a review of complainant's request for reconsideration, the previous
decision, and the entire record, the Commission finds that complainant's
request fails to meet the criteria of 29 C.F.R. �1614.405(b), and
it is therefore the decision of the Commission to DENY complainant's
request. The decision in EEOC Appeal No. 01983015 (March 16, 1999)
remains the Commission's final decision. There is no further right of
administrative appeal on a decision of the Commission on this request
for reconsideration.
STATEMENT OF RIGHTS ON REQUEST FOR RECONSIDERATION
COMPLAINANTS' RIGHT TO FILE A CIVIL ACTION (P0400)
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:
_05-19-00_______ __________________________________
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 claimant, claimant'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.