01A30738_Trostle
03-24-2003
Paul E. Trostle, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.
Paul E. Trostle v. United States Postal Service
01A30738
March 24, 2003
.
Paul E. Trostle,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Appeal No. 01A30738
Agency No. 1D-291-0040-00
DISMISSAL OF APPEAL
By Notice of Appeal postmarked November 6, 2002, complainant filed an
appeal with this Commission from the July 3, 2002 final agency decision
(FAD) dismissing his EEO complaint of unlawful employment discrimination.
A copy of the certified mail return receipt card reveals that the FAD
was received at complainant's then attorney's address of record on July
9, 2002. A review of the FAD reveals that the agency properly advised
complainant that he had thirty (30) calendar days after receipt of its
final decision to file his appeal with the Commission. Therefore, in
order to be considered timely, complainant had to have filed his appeal
no later than August 8, 2002. Complainant has not offered adequate
justification for an extension of the applicable time limit for filing
his appeal.<1> Accordingly, complainant's November 6, 2002 appeal is
hereby dismissed. See 29 C.F.R. Sec. 1614.403(c).
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. Sec. 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. Sec. 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. Sec. 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. Sec. 2000e et seq.;
the Rehabilitation Act of 1973, as amended, 29 U.S.C. Secs. 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
March 24, 2003
__________________
Date
1Complainant contends that the attorney who
represented him before the EEOC Administrative Judge is responsible for
the failure to file a timely appeal and urges that the time for filing an
appeal be extended from August 8, 2002 to November 6, 2002. The record
shows, however, that the attorney whom complainant blames for the late
appeal was replaced by complainant's current appellate counsel on May
25, 2002, more than one month before the FAD in this matter was issued.
Complainant has not adequately accounted for his current counsel's delay
in filing an appeal to justify our waiving the 30-day filing deadline.