05a00148
09-05-2002
Alex J. Turner, Complainant, v. Gordon R. England, Secretary, Department of the Navy, Agency.
Alex J. Turner v. Department of the Navy
05A00148
09-05-02
.
Alex J. Turner,
Complainant,
v.
Gordon R. England,
Secretary,
Department of the Navy,
Agency.
Request No. 05A00148
Appeal No. 01984250
Agency No. 95-68944-010
Hearing No. 340-96-3425X
DECISION ON REQUEST TO RECONSIDER
Alex J. Turner (complainant) timely initiated a request to the Equal
Employment Opportunity Commission to reconsider the decision in Alex
J. Turner v. John H. Dalton, Secretary, Department of the Navy, EEOC
Appeal No. 01984250 (October 8, 1999). EEOC regulations provide that
the Commissioners may, in their discretion, reconsider any previous
decision where the party demonstrates that: (1) the previous decision
involved a clearly erroneous interpretation of material fact or law;
or (2) the decision will have a substantial impact on the policies,
practices or operation of the agency. 29 C.F.R. � 1614.405(b).
Complainant alleged discrimination based on sex, reprisal, and race
(black) when he was not selected for promotion. Complainant was subject
to a personnel system that required approval by senior management
for movement to the next level (�conversion promotion�). When his
name was submitted, he was not among those promoted, the panel having
found that he did not meet the criteria for movement to the next rung.
The previous decision affirmed the finding of the Administrative Judge
that the agency did not discriminate against complainant.
After a review of the complainant's request for reconsideration, the
previous decision, and the record before us, the Commission finds that
the request fails to meet the criteria of 29 C.F.R. � 1614.405(b), and
it is the decision of the Commission to deny the request. The decision
in EEOC Appeal No. 01984250 remains the Commission's final decision.
There is no further right of administrative appeal on the decision of
the Commission on a request for reconsideration.
STATEMENT OF COMPLAINANT'S RIGHTS - ON REQUEST FOR RECONSIDERATION
COMPLAINANT'S RIGHT TO FILE A CIVIL ACTION (P0900)
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
___09-05-02_______________
Date