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.