America K.,1 Complainant,v.Charles F. Bolden, Jr., Administrator, National Aeronautics and Space Administration, Agency.

Equal Employment Opportunity Commission

Feb 4, 2016

0520160020 (E.E.O.C. Feb. 4, 2016)

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013

America K.,1
Complainant,

v.

Charles F. Bolden, Jr.,
Administrator,
National Aeronautics and Space Administration,
Agency.

Request No. 0520160020

Appeal No. 0120131756

Agency No. NCN11JSC070

DECISION ON REQUEST FOR RECONSIDERATION

Complainant timely requested reconsideration of the decision in EEOC Appeal No.
0120131756 (September 15, 2015). EEOC Regulations provide that the Commission may, in
its discretion, grant a request to reconsider any previous Commission decision where the
requesting party demonstrates 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. See 29 C.F.R. § 1614.405(c).

The record indicates that the parties entered into a settlement agreement on October 17, 2011,
resolving Complainant’s complaint. The settlement agreement provided, in pertinent part,
that:

(1) The Agency agrees to complete a legal review and opinion concerning
[Complainant's] entitlement to per diem, or meals and incidental expenses, less
lodging costs, for the period of her detail to NASA Headquarters memorialized
in the Memorandum of Understanding dated in February 2010 not later than

1 This case has been randomly assigned a pseudonym which will replace Complainant’s name when the decision is
published to non-parties and the Commission’s website.
0520160020

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November 23, 2011, and to furnish that opinion to a CFO representative and
[Complainant].

(a) If the opinion is that [Complainant] is entitled to per diem less lodging costs,
the Agency agrees to determine and pay [Complainant] the correct and
authorized amount of per diem, less payments, she has already received, as
soon as possible.
. . .

(4) If [Complainant’s] entitlement to per diem is approved (See #1 above),
[Complainant] will be granted any movement of goods and travel
reimbursements due under federal travel regulations and NASA Shared Services
Center (NSSC), Johnson Space Center (JSC), and NASA Headquarters travel
regulations.

Complainant alleged that the Agency failed to comply with the above provisions of the
settlement agreement.2 The Agency issued its determination indicating no breach of the subject
provisions since Complainant was informed that she was entitled to per diem payment in the
amount of $11,638.39 and although she was sent a “Claim for Reimbursement” form to sign
and return she failed to do so.3

Complainant appealed and the Commission previously found
that the Agency did not breach provisions (1)(a) or (4) of the settlement agreement.
After reviewing the previous decision and the entire record, the Commission finds that the
request fails to meet the criteria of 29 C.F.R. § 1614.405(c), and it is the decision of the
Commission to deny the request. The decision in EEOC Appeal No. 0120131756 remains the
Commission's decision. There is no further right of administrative appeal on the decision of
the Commission on this request.

COMPLAINANT’S RIGHT TO FILE A CIVIL ACTION (P0610)

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

2 The record indicates that Complainant previously alleged that the Agency breached provision 3 of the settlement
agreement at issue of which the Agency denied. Upon Complainant’s appeal, the Commission, in EEOC Appeal
No. 0120121754 (July 16, 2012), request for reconsideration denied, Request No. 0520120583 (February 13, 2013),
found no breach of provision 3.
3 Complainant indicates in the instant request that on September 24, 2015, the Agency
improperly transferred the sum of $11,638.39 to her bank account without her authorization.
We find no breach of the agreement from this action.
0520160020

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court. “Agency” or “department” means the national organization, and not the local office,
facility or department in which you work.

RIGHT TO REQUEST COUNSEL (Z0815)

If you want to file a civil action but cannot pay the fees, costs, or security to do so, you may
request permission from the court to proceed with the civil action without paying these fees or
costs. Similarly, if you cannot afford an attorney to represent you in the civil action, you may
request the court to appoint an attorney for you. You must submit the requests for waiver of
court costs or appointment of an attorney directly to the court, not the Commission. The court
has the sole discretion to grant or deny these types of requests. Such requests do not alter the
time limits for filing a civil action (please read the paragraph titled Complainant’s Right to File
a Civil Action for the specific time limits).

FOR THE COMMISSION:

______________________________ Carlton M. Hadden’s signature
Carlton M. Hadden, Director
Office of Federal Operations

February 4, 2016
Date