05a50969
07-19-2005
David L. Green, Complainant, v. Gordon R. England, Secretary, Department of the Navy, Agency.
David L. Green v. Department of the Navy
05A50969
07-19-05
.
David L. Green,
Complainant,
v.
Gordon R. England,
Secretary,
Department of the Navy,
Agency.
Request No. 05A50969
Appeal No. 01A52268
Agency No. DON-04-00391-10759
DENIAL
David L. Green (complainant) timely requested reconsideration of the
decision in David L. Green v. Dep't of the Navy, EEOC Appeal No. 01A52268
(April 28, 2005). 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).
The Commission dismissed complainant's appeal in Green v. Dep't of Navy,
EEOC Appeal No. 01A52268 (April 28, 2005), for failure to file his appeal
of the agency's final decision within thirty (30) days from the receipt
of the decision. The Commission found that complainant failed to offer
adequate justification for his delay in filing his appeal.
In his request for reconsideration, complainant states, in relevant
part, that �on the same day [he] had to submit [his] appeal to the
[Commission], [he] was responding to other claims or treatment of
harassment.� After reconsidering 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. Complainant has failed to offer any compelling
reasons to justify the untimely filing of his appeal to the Commission.
The decision in EEOC Appeal No. 01A52268 remains the Commission's final
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 (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
____07-19-05______________
Date