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.