05a01006
08-09-2000
Scott C. Andrews, Complainant, v. William J. Henderson, Postmaster General, United States Postal Service, (Southwest Area), Agency.
Scott C. Andrews v. United States Postal Service
05A01006
August 9, 2000
.
Scott C. Andrews,
Complainant,
v.
William J. Henderson,
Postmaster General,
United States Postal Service,
(Southwest Area),
Agency.
Request No. 05A01006
Appeal No. 01A01279
Agency No. 4-G-780-0039-99
DISMISSAL OF REQUEST FOR RECONSIDERATION
Complainant initiated a request to the Equal Employment Opportunity
Commission (EEOC or Commission) to reconsider the decision in Scott
C. Andrews v. United States Postal Service, EEOC Appeal No. 01A01279
(May 22, 2000).<1> EEOC Regulations provide that a party may request
reconsideration within thirty (30) days of receipt of a decision of the
Commission. See 64 Fed. Reg. 37,644, 37,659 (1999) (to be codified and
hereinafter referred to as 29 C.F.R.� 1614.405(b)). The prior decision
properly advised complainant of this time requirement.
The record reveals that the Commission's decision was mailed to
complainant on May 22, 2000. The certificate of mailing attached to
the decision states that the Commission will presume for timeliness
purposes that the decision was received within five (5) days after it
was mailed, which in this case would have been May 27, 2000. However,
complainant did not file his request for reconsideration until July 6,
2000, beyond the thirty day time limit. Complainant states in his
request for reconsideration that he did not receive the Commission's
decision until June 16, 2000, because he was on vacation in Europe
until that date. However, complainant has not submitted any evidence
to support this contention, and therefore has not offered adequate
justification for an extension of the applicable time limit for filing
his request for reconsideration. Accordingly, complainant's July 6,
2000 request for reconsideration is hereby DISMISSED, and the decision
in EEOC Appeal No. 01A01279 remains the Commission's final decision.
There is no further right of administrative appeal on the decision of
the Commission on this 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:
______________________________
Carlton M. Hadden, Director
Office of Federal Operations
August 9, 2000
__________________
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.