Harold Lee, Complainant,v.Rodney E. Slater, Secretary, Department of Transportation, Agency.

Equal Employment Opportunity CommissionAug 3, 2000
05990592 (E.E.O.C. Aug. 3, 2000)

05990592

08-03-2000

Harold Lee, Complainant, v. Rodney E. Slater, Secretary, Department of Transportation, Agency.


Harold Lee v. Department of Transportation

05990592

August 3, 2000

Harold Lee, )

Complainant, ) Request No. 05990592

) Appeal No. 01982336

v. ) Agency No. 1-98-1012

)

Rodney E. Slater, )

Secretary, )

Department of Transportation, )

Agency. )

____________________________________)

DECISION ON REQUEST FOR RECONSIDERATION

On April 12, 1999, the Department of Transportation (agency) timely

initiated a request to the Equal Employment Opportunity Commission

(the Commission) to reconsider the decision in Harold Lee v. Department

of Transportation, EEOC Appeal No. 01982336 (March 5, 1999).<1> EEOC

regulations provide that the Commissioners may, in their discretion,

reconsider any previous Commission decision. 64 Fed. Reg. 37,644, 37,659

(1999)(to be codified at 29 C.F.R. � 1614.405(b)). The party requesting

reconsideration must submit written argument or evidence which tends

to establish one or more of the following two criteria: the appellate

decision involved a clearly erroneous interpretation of material fact

or law; or the decision will have a substantial impact on the policies,

practices or operations of the agency. Id.

In the previous decision, the Commission found that the agency properly

dismissed the complaint on the grounds that complainant raised

his claim of discrimination in a negotiated grievance proceeding.

64 Fed. Reg. 37,644, 37,656 (1999)(to be codified at 29 C.F.R. �

1614.107(a)(4)). The Commission ordered the agency to reissue

its September 18, 1997 grievance decision with appeal rights to the

Commission pursuant to 64 Fed. Reg. 37,644, 37,659 (1999)(to be codified

at 29 C.F.R. � 1614.401(d)). On request for reconsideration, the agency

states that the September 18, 1997 grievance decision was not a "final

decision of the agency" because complainant had the right to submit

his grievance to the next level. Thus, the agency argues that the

provision of appeal rights to the Commission would have been premature.

The Commission agrees.

After a review of the agency's request for reconsideration, the previous

decision, and the entire record, the Commission finds that the request

meets the criteria of 29 C.F.R. � 1614.405(b), and it is the decision

of the Commission to grant the agency's request. Accordingly, the

Commission rescinds its order concerning the re-issuance of appeal rights

and relieves the agency of its obligation to submit a compliance report.

The Commission reaffirms the dismissal of agency complaint no. 1-98-1012.

There is no further right of administrative appeal on the decision of

the Commission on a Request to Reconsider.

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.

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:

August 3, 2000

_______________ _____________________

Date Frances M. Hart

Executive Officer

Executive Secretariat

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 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.