0520110080
01-21-2011
Bernard A. Benton, Arach J. Wilson, et al., Complainants, v. Tom J. Vilsack, Secretary, Department of Agriculture (Forest Service), Agency.
Bernard A. Benton, Arach J. Wilson, et al.,
Complainants,
v.
Tom J. Vilsack,
Secretary,
Department of Agriculture
(Forest Service),
Agency.
Request Nos. 0520110078, 0520110079, 0520110080
Appeal Nos. 0120092007, 0120092208, 0120092135
Agency No. FS-2008-01004
DENIAL
Complainants timely requested reconsideration of the decision in Arach
J. Wilson v. Department of Agriculture, EEOC Appeal Nos. 0120092007,
0120092208, 0120092135 (September 17, 2010). 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(b).
In its previous decision, the Commission dismissed Complainants' appeals,
noting that Complainants' complaints alleged dissatisfaction with the
EEO complaints process and, as such, were properly dismissed by the
Agency pursuant to 29 C.F.R. � 1614.107(a)(8).
In requesting reconsideration, Complainants restate arguments presented
on appeal, including their contention that the Agency improperly held
a potential class complaint by African-Americans in abeyance.
After reconsidering 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(b), and it is the decision of the Commission to deny
the request. We remind Complainants that a "request for reconsideration
is not a second appeal to the Commission. Equal Employment Opportunity
Management Directive 110 for 29 C.F.R. Part 1614 (MD-110) (Nov. 9,
1999), Ch. 9. The decision in EEOC Appeal No. 0120092007, 0120092208,
and 0120092135 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 court.
"Agency" or "department" means the national organization, and not the
local office, facility or department in which you work.
RIGHT TO REQUEST COUNSEL (Z0610)
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 from the Court that
the Court appoint an attorney to represent you and that the Court also
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 with
the Court 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
January 21, 2011
Date
2
0520110078
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
2
0520110078