0520140283
09-24-2014
Complainant, v. Robert McDonald, Secretary, Department of Veterans Affairs, Agency.
Complainant,
v.
Robert McDonald,
Secretary,
Department of Veterans Affairs,
Agency.
Request No. 0520140283
Appeal No. 0120122161
Agency No. 200P06052009100417
DENIAL
Complainant timely requested reconsideration of the decision in Complainant v. Department of Veterans Affairs, EEOC Appeal No. 0120122161 (March 20, 2014). 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).
In the appellate decision, Commission found that the Agency's Final Decision was received at the address of record for Complainant's attorney on March 1, 2012. The Agency advised Complainant that he had 30 calendar days after receipt of its Final Decision to file his appeal with the Commission. However, Complainant filed his appeal with the Commission on April 17, 2012, which was beyond the 30 days. As such, the Commission dismissed Complainant's appeal because he filed the appeal in an untimely manner. The Commission noted that Complainant failed to offer any reason that would support an extension of the time frame to file an appeal. Complainant requested that the Commission reconsider its appellate decision.
In his request for reconsideration, Complainant argues that he had requested an extension for filing his statement or brief in the aforementioned appeal. The Commission granted the extension request and Complainant asserts that he submitted his brief in support of the appeal prior to that date.
We find that the appellate decision does not contain a clearly erroneous interpretation of material fact or law or will have a substantial impact on the policies, practices, or operations of the Agency. We note that the appellate decision dismissed Complainant's appeal as untimely. Specially, Complainant filed the initial appeal with the Commission beyond 30 days from his attorney's receipt of the Agency's Final Decision. The extension request granted by the Commission applied only to the brief submitted by Complainant on appeal, not the actual appeal itself. As such, Complainant's appeal brief may have been filed in a timely manner; however the actual notice of appeal was untimely filed with the Commission. Accordingly, we find that Complainant has failed to demonstrate that the Commission should reconsider its appellate decision.
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. 0120122161 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
__9/24/14________________
Date
2
0520140283
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
2
0520140283