Bernard E. Propps Jr., Complainant,v.F. Whitten Peters, Acting Secretary, Department of the Air Force, Agency.

Equal Employment Opportunity CommissionOct 5, 2000
05a01154 (E.E.O.C. Oct. 5, 2000)

05a01154

10-05-2000

Bernard E. Propps Jr., Complainant, v. F. Whitten Peters, Acting Secretary, Department of the Air Force, Agency.


Bernard E. Propps Jr. v. Department of the Air Force

05A01154

October 5, 2000

.

Bernard E. Propps Jr.,

Complainant,

v.

F. Whitten Peters,

Acting Secretary,

Department of the Air Force,

Agency.

Request No. 05A01154

Appeal No. 01992762

Agency No. 1FOM96001

Hearing No. 270-96-9191X

DENIAL OF REQUEST FOR RECONSIDERATION

The complainant initiated a request to the Equal Employment Opportunity

Commission (EEOC or Commission) to reconsider the decision in Bernard

E. Propps Jr. v. Department of the Air Force, EEOC Appeal No. 01992762

(March 6, 2000).<1> EEOC Regulations provide that the Commission may,

in its discretion, 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 the underlying complaint, complainant contends that he was

discriminated against on the basis of his race (Caucasian/White) and in

reprisal for prior EEO activity when he was not selected for the position

of Supervisory Security Specialist, GS-0080-09 at the NAS/JRB New Orleans

in July, 1995. Following a hearing, an EEOC Administrative Judge (AJ)

found no discrimination, the agency's final decision adopted the finding,

and this Commission affirmed on appeal. In his request to reconsider the

prior decision, complainant contends that (1) the EEO Counselor failed to

advise complainant in timely fashion regarding the availability of legal

representation; (2) the agency violated a September 15, 1994 settlement

agreement in agency case no. AEOOW930632 (hearing no. 270-94-9089);

(3) the AJ overlooked or misunderstood certain evidence, including

"Security Career Program referrals"; (4) a Civilian Personnel Specialist,

Career Program Management Division, committed perjury in his December 1,

1997 declaration; and (5) complainant was unable to obtain an official

Security Career Program document regarding another individual from

the Security Career Program Management Division. Complainant's request

contains no explanation of these contentions, but does include documents,

including the September 15, 1994 settlement agreement, and correspondence

relating to complainant's applications for various positions.

After a review of the complainant's request for reconsideration, 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. The decision

in EEOC Appeal No. 01992762 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.

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

October 5, 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 29 C.F.R. Part 1614 in deciding the

present appeal. The regulations, as amended, may also be found at the

Commission's website at www.eeoc.gov.