Patricia Dalton, Complainant,v.John E. Potter, Postmaster General, United States Postal Service, Agency.

Equal Employment Opportunity CommissionSep 26, 2007
0120070095 (E.E.O.C. Sep. 26, 2007)

0120070095

09-26-2007

Patricia Dalton, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.


Patricia Dalton,

Complainant,

v.

John E. Potter,

Postmaster General,

United States Postal Service,

Agency.

Appeal No. 0120070095

Agency No. 4C-270-0026-05

DISMISSAL OF APPEAL

Complainant filed an appeal with this Commission See 29 C.F.R. � 1614.402;

29 C.F.R. � 1614.504(b); and 29 C.F.R. � 1614.405.

By letter to the Commission, postmarked on October 2, 2006, complainant

alleged that her EEO complaint listed as Agency No. 4C-270-0026-05

had been settled with her Manager and that a Letter of Warning (LOW)

was to be removed from her record. However, complainant asserts that

references to the LOW were made in a subsequent removal action the agency

initiated against her in April 2006. Therefore, complainant asserts

that the agreement which resolved her EEO complaint had been breached

by the agency.

The agency responded to the appeal by provided in the Commission with

a copy of the complaint file for Agency No. 4C-270-0026-05. However,

this complaint file does not reflect that the matter was resolved by a

settlement agreement. Rather, it appears that the agency issued a final

decision, dated April 5, 2005, dismissing the matter for untimely filing

of the formal complaint. The record further reflects that a copy of this

dismissal decision was sent to complaint by certified mail, which was

signed for on April 12, 2005. The dismissal decision clearly informed

complainant that she had thirty days from receipt of the decision to

file an appeal with EEOC. There is no record until now that complaint

filed an appeal with EEOC over this matter.

Therefore, we find no evidence that a settlement agreement was ever

executed in Agency No. 4C-270-0026-05 and, to the extent complainant's

October 2, 2006 appeal is construed as challenging the April 5, 2005

dismissal decision, it was filed far beyond the thirty-day limitation

period. Nothing complainant submitted on appeal provides adequate

justification for extending this limitation period.

Accordingly, complainant's appeal is DISMISSED.

STATEMENT OF RIGHTS - ON APPEAL

RECONSIDERATION (M0701)

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

September 26, 2007

__________________

Date

2

0120070095

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

Office of Federal Operations

P. O. Box 19848

Washington, D.C. 20036

3

0120070095