05970422
07-05-2000
Ernest N. Bellantoni, Complainant v. Richard J. Danzig, Secretary, Department of the Navy, Agency.
Ernest N. Bellantoni v. Department of the Navy
05970422
July 5, 2000
Ernest N. Bellantoni, )
Complainant )
)
v. ) Request No. 05970422
) Appeal No. 01963677
) Agency No. 96-68944-008
Richard J. Danzig, )
Secretary, )
Department of the Navy, )
Agency. )
______________________________)
DENIAL OF REQUEST FOR RECONSIDERATION
On January 27, 1997, Ernest N, Bellantoni (complainant) initiated
a request to the Equal Employment Opportunity Commission (EEOC)
to reconsider the decision in Bellantoni v. Department of the Navy,
EEOC Appeal No. 01963677 (December 23, 1996). In 64 Fed.Reg. 37,644,
37,659 (1999) (to be codified and hereinafter referred to as 29 C.F.R. �
1614.106(d), the regulations provide that the Commissioners may,
in their discretion, reconsider any previous decision where the party
demonstrates that: (1) the previous decision involved 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). Complainant's request is denied.<1>
After a review of complainant's request for reconsideration, the previous
decision and the entire record, the Commission finds that complainant's
request does not meet the criteria of 29 C.F.R. � 1614.405(b), and
it is the decision of the Commission to deny complainant's request.
The decision of the Commission in Appeal No. 01963677 remains the
Commission's final decision.
There is no further right of administrative appeal from the decision of
the Commission on this request for reconsideration.
COMPLAINANTS' RIGHT TO FILE A CIVIL ACTION (P0400)
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.
COMPLAINANTS' RIGHT TO FILE A CIVIL ACTION (S0400)
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. If you
file a request to reconsider and also file a civil action, filing a civil
action will terminate the administrative processing of your complaint.
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
07-05-00
DATE Carlton M. Hadden, Acting Director
Office of Federal Operations
1 On November 9, 1999, revised regulations governing EEOC's federal sector
EEO complaints 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
64 Fed.Reg. 37,644 (1999), where applicable, in deciding the present appeal.
The regulations, as amended, may also be found at the Commission's website at
www.eeoc.gov.