0520180416
09-26-2018
Dalton E,1 Complainant, v. Wilbur L. Ross, Jr., Secretary, Department of Commerce (Bureau of the Census), Agency.
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
Dalton E,1
Complainant,
v.
Wilbur L. Ross, Jr.,
Secretary,
Department of Commerce
(Bureau of the Census),
Agency.
Request No. 0520180416
Request No. 0520170328
Appeal No. 0120170997
Agency No. 63-2015-00290/00206
DECISION ON REQUEST FOR RECONSIDERATION
Complainant timely requested that the Equal Employment Opportunity Commission (EEOC or Commission) reconsider its decision in EEOC Request No. 0520170328 (September 15, 2017). EEOC regulations provide that the Commission may, in its discretion, grant a request to reconsider any previous Commission decision issued pursuant to 29 C.F.R. � 1614.405(a), 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).
Complainant and the Agency entered into a settlement agreement in July 2016. Complainant alleged that the Agency breached the agreement. The Agency issued a decision finding it was not in breach of the agreement. Complainant appealed the Agency's decision. In Appeal No. 0120170997, we found that Complainant's appeal was untimely. Complainant requested reconsideration of the decision. In request No. 0520170328, we granted the request and addressed the breach allegations. Complainant alleged that the Agency breached provision 3.b of the agreement, which stated that his supervisor would be changed and the new supervisor would be responsible for all responsibilities performed by the prior supervisor. Complainant alleged the agreement was breached because the old supervisor was still listed as his supervisor in Agency records and he was concerned that she was still monitoring his payroll and cases. In our prior decision, we found that the Agency had not breached the agreement. We concluded that Complainant failed to demonstrate that the prior supervisor was delegating or giving him cases or performing any other first-line supervisory roles over him, and determined that the Agency cured any breach regarding internal Agency records. Because the merits were addressed for the first time, Complainant was given the right to request reconsideration.
In his request for reconsideration, Complainant expresses his disagreement with the previous decision and discusses matters related to his complaint. To the extent he raises matters discussed during negotiations prior to the agreement, they are not addressed because they are not part of the agreement. We emphasize that a request for reconsideration is not a second appeal to the Commission. See EEO MD-110, Ch. 9, � VII.A. Rather, a reconsideration request is an opportunity to demonstrate that the appellate decision involved a clearly erroneous interpretation of material fact or law, or will have a substantial impact on the policies, practices, or operations of the Agency. Complainant has not done so here.
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. 0520170328 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 (Z0815)
If you want to file a civil action but cannot pay the fees, costs, or security to do so, you may request permission from the court to proceed with the civil action without paying these fees or costs. Similarly, if you cannot afford an attorney to represent you in the civil action, you may request the court to appoint an attorney for you. You must submit the requests for waiver of court costs or appointment of an attorney directly to the court, not the Commission. The court has the sole discretion to grant or deny these types of requests.
Such requests do not alter the time limits for filing a civil action (please read the paragraph titled Complainant's Right to File a Civil Action for the specific time limits).
FOR THE COMMISSION:
______________________________ Carlton M. Hadden's signature
Carlton M. Hadden, Director
Office of Federal Operations
September 26, 2018
__________________
Date
1 This case has been randomly assigned a pseudonym which will replace Complainant's name when the decision is published to non-parties and the Commission's website.
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