0520120524
11-21-2012
Coozie Britton, Jr., Complainant, v. John Berry, Director, Office of Personnel Management, Agency.
Coozie Britton, Jr.,
Complainant,
v.
John Berry,
Director,
Office of Personnel Management,
Agency.
Request No. 0520120524
Appeal No. 01986972
Agency No. 9810
DENIAL
In March Complainant timely requested reconsideration of the decision in Coozie Britton, Jr. v. Office of Personnel Management, EEOC Appeal No. 01986972 (August 8, 2000). 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).
By regulation, requests must be filed within thirty (30) calendar days after the party receives the previous decision. 29 C.F.R. � 1614.405(b). A document is timely if it is received or postmarked before the expiration of the applicable filing period or, in the absence of a legible postmark, if it is received by mail within five days of the expiration of the applicable filing period. 29 C.F.R. � 1614.604(b).
Although Complainant maintains that the decision for which he is requesting reconsideration is EEOC Appeal No. 01986972 (August 8, 2000), we find it more reasonable that he is seeking reconsideration of EEOC Appeal No. 01A14067 (November 7, 2002). In EEOC Appeal No. 01986972, the Commission reversed the Agency's dismissal of Complainant's complaint and remanded the matter for an investigation. Two years later, in EEOC Appeal No. 01A14067, the Commission affirmed the Agency's finding of no discrimination.
Nevertheless, we find that Complainant's request is well beyond the 30-day time limitation period for either EEOC Appeal No. 01986972 (August 8, 2000) or EEOC Appeal No. 01A14067 (November 7, 2002). For the foregoing reasons, Complainant's request is DENIED. The decisions in EEOC Appeal Nos. 01986972 and 01A14067 remain the Commission's decisions. 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
___11/21/12_______________
Date
2
0520120524
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
2
0520120524