05980110
11-04-1999
Sandra Fiedler-Ricca, Appellant, v. William J. Henderson, Postmaster General, United States Postal Service, Agency.
Sandra Fiedler-Ricca v. United States Postal Service
05980110
November 4, 1999
Sandra Fiedler-Ricca, )
Appellant, )
) Request No. 05980110
v. ) Appeal No. 01966183
) Agency No. 1C-151-1051-96
William J. Henderson, )
Postmaster General, )
United States Postal Service, )
Agency. )
)
DENIAL OF REQUEST FOR RECONSIDERATION
On November 3, 1997, Sandra Fiedler-Ricca (the appellant) initiated a
request to the Equal Employment Opportunity Commission (the Commission)
to reconsider the decision in Sandra Fiedler-Ricca v. Marvin T. Runyon,
Jr., Postmaster General, United States Postal Service, EEOC Appeal
No. 01966183 (September 11, 1997). By regulation, requests for
reconsideration must be filed within thirty (30) calendar days after
the party requesting reconsideration receives our previous decision.
29 C.F.R. �1614.407(b). Requests for reconsideration are deemed filed
on the date received by the Commission, unless postmarked earlier.
The record reflects that our previous decision was delivered to
appellant on September 20, 1997. As previously noted, appellant's
request for reconsideration (RTR) was postmarked November 3, 1997.
Thus, the RTR was filed forty-four (44) calendar days after the receipt
of the previous decision. A review of the previous decision reveals
that appellant was informed that the failure to file a reconsideration
request within the allotted time period would result in its dismissal.
After a careful review of the record, we find that appellant has not
submitted an adequate justification for extending or waiving the 30-day
time limitation period.
Accordingly, appellant's RTR is deemed untimely and is DENIED.
The decision in EEOC Appeal No. 01966183 (September 11, 1997) remains
the Commission's final decision in this matter. The agency shall comply
with the Order in the previous decision, as restated below. There is no
further right of administrative appeal from a decision of the Commission
on a request to reconsider.
ORDER
1. Within ten (10) calendar days of the date this decision becomes final,
the agency shall acknowledge to the appellant that it has received the
remanded allegations for processing pursuant to 29 C.F.R. 1614.108,
and that it has commenced the processing of all the accepted allegations.
2. A copy of the agency's letter of acknowledgment and the notice of
commencement of investigation shall be submitted to the Compliance
Officer referenced below.
IMPLEMENTATION OF THE COMMISSION'S DECISION (K0595)
Compliance with the Commission's corrective action is mandatory.
The agency shall submit its compliance report within thirty (30)
calendar days of the completion of all ordered corrective action. The
report shall be submitted to the Compliance Officer, Office of Federal
Operations, Equal Employment Opportunity Commission, P.O. Box 19848,
Washington, D.C. 20036. The agency's report must contain supporting
documentation, and the agency must send a copy of all submissions to
the appellant. If the agency does not comply with the Commission's
order, the appellant may petition the Commission for enforcement of
the order. 29 C.F.R. �1614.503 (a). The appellant also has the right
to file a civil action to enforce compliance with the Commission's
order prior to or following an administrative petition for enforcement.
See 29 C.F.R. �� 1614.408, 1614.409, and 1614.503 (g). Alternatively,
the appellant has the right to file a civil action on the underlying
complaint in accordance with the paragraph below entitled "Right to File
A Civil Action." 29 C.F.R. �� 1614.408 and 1614.409. A civil action for
enforcement or a civil action on the underlying complaint is subject to
the deadline stated in 42 U.S.C. �2000e-16(c) (Supp. V 1993). If the
appellant files a civil action, the administrative processing of the
complaint, including any petition for enforcement, will be terminated.
See 29 C.F.R. �1614.410.
RIGHT TO FILE A CIVIL ACTION (R0993)
This is a decision requiring the agency to continue its administrative
processing of your complaint. However, if you wish to file a civil
action, you have the right to file such action in an appropriate United
States District Court. 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 4, 1999
Date Frances M. Hart
Executive Officer
Executive Secretariat