05a01089
02-28-2001
Darrel L. Schneider v. Tennessee Valley Authority
05A01089
02-28-01
.
Darrel L. Schneider,
Complainant,
v.
Craven H. Crowell, Jr.,
Chairman,
Tennessee Valley Authority,
Agency.
Request No. 05A01089
Appeal No. 01A03406
Agency No. 403-98-078
DECISION ON REQUEST TO RECONSIDER
On August 1, 2000, Darrel L. Schneider (complainant) timely initiated a
request to the Equal Employment Opportunity Commission (the Commission)
to reconsider the decision in Darrel L. Schneider v. Craven H. Crowell,
Jr., Chairman, Tennessee Valley Authority, EEOC Appeal No. 01A03406
(July 7, 2000). EEOC regulations provide that the Commissioners may,
in their discretion, reconsider any previous decision where the party
demonstrates that: (1) the previous decision involved a clearly erroneous
interpretation of material fact or law; or (2) the decision will have
a substantial impact on the policies, practices or operation of the
agency. 29 C.F.R. � 1614.405(b).<1> For the reasons set forth below,
the complainant's request is denied.
The issue presented is whether complainant's request meets the criteria
for reconsideration.
Complainant filed his formal complainant alleging discrimination based
on age, identifying five claims. The agency determined that all of
the claims were untimely and dismissed them. On appeal, the Commission
agreed that four of the five claims were properly dismissed but remanded
the fifth claim for a determination of whether complainant received
counseling within 45 days of the event in the fifth claim. EEOC Appeal
No. 01984439 (June 2, 1999). Subsequently, the agency found that the
complainant sought counseling beyond the event in the fifth claim and
dismissed this claim. Complainant filed an appeal, and the Commission's
previous decision affirmed the agency's decision.
Complainant has filed a request for reconsideration. He claims that a
report of his counseling was made and requests a copy. Complainant also
questions whether his statements on appeal were reviewed. The agency
filed comments in response to complainant's request arguing that
the request does not meet the criteria for reconsideration, that
complainant's EEO contact was untimely, and that the report to which
complainant refers was the pre-complainant counseling report previously
sent to complainant.
In order to merit the reconsideration of a prior Commission decision,
the requesting party must submit written argument that tends to establish
that at least one of the criteria of 29 C.F.R. � 1614.405(b) is met.
A request for review is not a second opportunity for appeal, and the
Commission's scope of review on a request for reconsideration is narrow.
Lopez v. Department of the Air Force, EEOC Request No. 05890749
(September 28, 1989); Regensberg v. USPS, EEOC Request No. 05900850
(September 7, 1990).
The Commission's regulations require that a complainant bring his/her
complaint to the attention of an EEO counselor within 45 days of
an alleged discriminatory event. See 29 C.F.R. � 1614.105 et seq.
Because complainant's EEO contact was not within 45 days of the event
herein and failed to offer any explanation or justification for the delay,
we find that the fifth allegation was properly dismissed. 29 C.F.R. ��
1614.107(a)(1)-(2). Possible minor misstatements of immaterial facts
do not alter the fact that complainant's contact was untimely.
CONCLUSION
After a review of the complainant's request for reconsideration, the
agency's reply thereto, the previous decision, and the entire record,
the Commission finds that the complainant's request fails to meet any
of the criteria of 29 C.F.R. � 1614.405(b), and it is the decision of
the Commission to deny the complainant's request. The decision of
the Commission in EEOC Appeal No. 01A03406 (July 7, 2000) remains
the Commission's final decision. There is no further right of
administrative appeal from a decision of the Commission on a request
for reconsideration.
STATEMENT OF COMPLAINANT'S RIGHTS - ON 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
___02-28-01_______________
Date
CERTIFICATE OF MAILING
For timeliness purposes, the Commission will presume that this decision
was received within five (5) calendar days after it was mailed. I certify
that this decision was mailed to complainant, complainant's representative
(if applicable), and the agency on:
__________________
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.