01A34224_r
12-03-2003
William M. Jarosz, Complainant, v. Dr. James G. Roche, Secretary, Department of the Air Force, Agency.
William M. Jarosz v. Department of the Air Force
01A34224
December 3, 2003
.
William M. Jarosz,
Complainant,
v.
Dr. James G. Roche,
Secretary,
Department of the Air Force,
Agency.
Appeal No. 01A34224
Agency Nos. 9D1S03013
9D1S03020
DECISION
Complainant filed a timely appeal with this Commission from two final
agency decisions, both dated May 21, 2003, dismissing the two captioned
complaints of unlawful employment discrimination in violation of the Age
Discrimination in Employment Act of 1967 (ADEA), as amended, 29 U.S.C. �
621 et seq.
The record reveals that during the relevant time, complainant was
employed as a General Engineer, GS-801-13, at the agency's Air Force
Base in Los Angeles, California. Complainant sought EEO counseling on
November 21, 2002 and December 9, 2002, regarding claims of discrimination
based on age. Informal efforts to resolve complainant's concerns were
unsuccessful. Subsequently, complainant filed two formal complaints
which were received by the agency on March 12, 2003 (identified as Agency
Nos. 9D1S03013 and 9D1S03020).
Regarding both Agency No. 9D1S03013 and Agency No. 9D1S03020, the agency
dismissed both complaints as untimely filed. The agency determined
that complainant received the notice of right to file a complaint for
both cases on February 20, 2003, and that the formal complaints were
not filed until March 12, 2003, beyond the 15-day time limit set by
the regulations.
The Commission finds that the agency properly dismissed complainant's
complaints as untimely filed pursuant to 29 C.F.R. � 1614.107(a)(2).
The record discloses that complainant received and signed two notices
of right to file a formal complaint on February 20, 2003. Although the
notices indicated that complainant had to file a formal complaint within
fifteen (15) calendar days of its receipt, complainant did not file
his two formal complaints until March 12, 2003, which is beyond the
limitation period.
On appeal, complainant fails to present any evidence or argument
to justify an extension of the time period within which to file his
complaints. Accordingly, the agency's final decision dismissing the two
captioned complaints is hereby AFFIRMED.
Because we affirm the dismissal of the instant complaints for the reason
stated herein, we find it
unnecessary to address the agency's various alternative dismissal
grounds.
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
December 3, 2003
__________________
Date