01a53327
09-12-2005
Glenda Harvey, Complainant, v. Dr. Francis J. Harvey, Secretary, Department of the Army, Agency.
Glenda Harvey v. Department of the Army
01A53327
09-12-05
.
Glenda Harvey,
Complainant,
v.
Dr. Francis J. Harvey,
Secretary,
Department of the Army,
Agency.
Appeal No. 01A53327
Agency No. ARMICOM 03MAR0010
DECISION
Pursuant to 29 C.F.R. � 1614.405, the Commission accepts the complainant's
appeal from the agency's final decision in the above-entitled matter.
In March 2004, complainant notified the agency that it was in breach of
the settlement agreement dated October 22, 2003 (SA). The agency rejected
the claim of breach, and complainant filed an appeal. The Commission
found that the agency had complied with Paragraphs (b) and (c) and the
first provision of paragraph (a) but ordered the agency to supplement
the record to provide evidence that it had complied with the provision
concerning on-the-job training for the position of Logistics Management
Specialist, GS-9, to which she was temporarily promoted for 120 days
(Paragraph (a)) and the provision affording her training opportunities
through the Defense Acquisition University (DAU) (Paragraph (b)).
EEOC Appeal No. 01A44509 (January 10, 2005), aff'd Request No. 05A50525
(February 24, 2005). On March 2, 2005, the agency issued its final agency
decision and provided complainant documents in support. Complainant has
filed an appeal, seeking transfer to another location.<1>
The agency has shown that, during the period of her temporary promotion
(November 2, 2003, through February 29, 2004), complainant was given
written instructions to perform the database input responsibilities
and sample memos for processing the associated forms. In addition,
complainant was afforded opportunities to gain experience in the type of
information included in Supportability Strategies. Further, documents
show that complainant was approved for training courses.
Having reviewed the record and the agency's supplemental investigation,
the Commission finds that the agency has complied with the terms of the
SA and is not in breach of the SA.
CONCLUSION
Accordingly, the agency final decision is AFFIRMED.
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M0701)
The Commission may, in its discretion, reconsider the decision in this
case if the complainant or the agency submits a written request containing
arguments or evidence which tend to establish 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.
Requests to reconsider, with supporting statement or brief, must be filed
with the Office of Federal Operations (OFO) within thirty (30) calendar
days of receipt of this decision or within twenty (20) calendar days of
receipt of another party's timely request for reconsideration. See 29
C.F.R. � 1614.405; Equal Employment Opportunity Management Directive for
29 C.F.R. Part 1614 (EEO MD-110), 9-18 (November 9, 1999). All requests
and arguments must be submitted to the Director, Office of Federal
Operations, Equal Employment Opportunity Commission, P.O. Box 19848,
Washington, D.C. 20036. In the absence of a legible postmark, the
request to reconsider shall be deemed timely filed if it is received by
mail within five days of the expiration of the applicable filing period.
See 29 C.F.R. � 1614.604. The request or opposition must also include
proof of service on the other party.
Failure to file within the time period will result in dismissal of your
request for reconsideration as untimely, unless extenuating circumstances
prevented the timely filing of the request. Any supporting documentation
must be submitted with your request for reconsideration. The Commission
will consider requests for reconsideration filed after the deadline only
in very limited circumstances. See 29 C.F.R. � 1614.604(c).
COMPLAINANT'S RIGHT TO FILE A CIVIL ACTION (S0900)
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:
______________________________
Carlton M. Hadden, Director
Office of Federal Operations
___09-12-05_______________
Date
1The SA did not provide for transfer.