01974863
11-02-1999
Robert Lee Boyd, Appellant, v. William J. Henderson, Postmaster General, United States Postal Service, (S.E./S.W. Region), Agency.
Robert Lee Boyd, )
Appellant, )
)
v. ) Appeal No. 01974863
) Agency No. 1-G-754-1114-95
William J. Henderson, )
Postmaster General, )
United States Postal Service, )
(S.E./S.W. Region), )
Agency. )
DISMISSAL OF APPEAL
Appellant filed the instant appeal on June 2, 1997. The appeal asserts
that an EEOC Administrative Judge ("AJ") erred when, in an Order dated
January 2, 1997, she remanded appellant's instant complaint to the agency
in order to consolidate it with four (4) other complaints pending before
the agency. In the Order, the AJ referenced Agency Nos. 1-G-754-1017-96,
1-G-754-1033-96, 1-G-754-1050-96, and 1-G-754-1155-96.
Inasmuch as the Commission's Regulations do not permit complainants to
file an interlocutory appeal from orders issued by an AJ, appellant's
instant appeal is premature and is, therefore, DISMISSED.
However, the Commission notes that the agency did not in fact consolidate
appellant's instant complaint with his four (4) other pending complaints.
It appears that the agency believed that the filing of the instant appeal
precluded processing. The Commission further notes that at least two
of the other complaints have since been processed. See EEOC Appeal
No. 01972420 (March 30, 1999)(referencing Agency No. 1-G-754-1155-96),
EEOC Request No. 05990659 (_________); EEOC Appeal No. 01961800 (June 6,
1996) (referencing Agency No. 1-G-754-1033-96); EEOC Appeal No. 01964719
(March 18, 1997) (also referencing Agency No. 1-G-754-1033-96).
See also EEOC Appeal No. 01971413 (March 24, 1999) (referencing Agency
No. 1-G-754-1150-96<1>); EEOC Request No. 05990610 (_________).
Further, the Commission previously vacated and remanded the agency's
dismissal of the allegation contained in the instant complaint and ordered
the agency to process it. See EEOC Appeal No. 01961098 (November 7,
1996). Inasmuch as appellant requested a hearing following the agency's
investigation, the agency is advised that, pursuant to the Commission's
Regulations, the agency should immediately submit this matter to an EEOC
AJ for a hearing.
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M0795)
The Commission may, in its discretion, reconsider the decision in this
case if the appellant or the agency submits a written request containing
arguments or evidence which tend to establish that:
1. New and material evidence is available that was not
readily available when the previous decision was issued; or
2. The previous decision involved an erroneous
interpretation of law, regulation or material
fact, or misapplication of established policy; or
3. The decision is of such exceptional nature as
to have substantial precedential implications.
Requests to reconsider, with supporting arguments or evidence, MUST
BE FILED WITHIN THIRTY (30) CALENDAR DAYS of the date you receive this
decision, or WITHIN TWENTY (20) CALENDAR DAYS of the date you receive
a timely request to reconsider filed by another party. Any argument in
opposition to the request to reconsider or cross request to reconsider
MUST be submitted to the Commission and to the requesting party
WITHIN TWENTY (20) CALENDAR DAYS of the date you receive the request
to reconsider. See 29 C.F.R. �1614.407. All requests and arguments
must bear proof of postmark and 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 filed on the date it is received
by the Commission.
Failure to file within the time period will result in dismissal of your
request for reconsideration as untimely. If extenuating circumstances
have prevented the timely filing of a request for reconsideration,
a written statement setting forth the circumstances which caused the
delay and 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).
RIGHT TO FILE A CIVIL ACTION (S0993)
It is the position of the Commission that 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.
You should be aware, however, that courts in some jurisdictions have
interpreted the Civil Rights Act of 1991 in a manner suggesting that
a civil action must be filed WITHIN THIRTY (30) CALENDAR DAYS from the
date that you receive this decision. To ensure that your civil action
is considered timely, you are advised to file it WITHIN THIRTY (30)
CALENDAR DAYS from the date that you receive this decision or to consult
an attorney concerning the applicable time period in the jurisdiction
in which your action would be filed. In the alternative, you may file a
civil action AFTER ONE HUNDRED AND EIGHTY (180) CALENDAR DAYS of the date
you filed your complaint with the agency, or filed your appeal with the
Commission. 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. Filing a civil
action will terminate the administrative processing of your complaint.
RIGHT TO REQUEST COUNSEL (Z1092)
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:
November 2, 1999
__________________________________
DATE Carlton M. Hadden, Acting Director
Office of Federal Operations
1 The AJ's Order references 1-G-754-1050-96.