05a51059
12-29-2005
Ida Sue Terry, Complainant, v. Mike Johanns, Secretary, Department of Agriculture, Agency.
Ida Sue Terry v. Department of Agriculture
05A51059
December 29, 2005
.
Ida Sue Terry,
Complainant,
v.
Mike Johanns,
Secretary,
Department of Agriculture,
Agency.
Request No. 05A51059
Appeal No. 01A45816
Agency No. 970231
DENIAL
Ida Sue Terry (complainant) timely requested reconsideration of the
decision in Ida Sue Terry v. Department of Agriculture, EEOC Appeal
No. 01A45816 (May 26, 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).
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. In our decision on appeal, we found that there had
been no breach of the settlement agreement as alleged by complainant.
In her request for reconsideration, complainant asks us to again review
the merits of her settlement breach claim, and contends that following
her appeal to the Commission, she collected a "considerable amount of
evidentiary exhibits" which show that the agency breached the settlement
agreement at issue. We find, however, that this is not new evidence
that was unavailable prior to complainant's appeal, and, at the time
she filed her appeal, it was her obligation to submit such evidence.
Further, we remind complainant that a "request for reconsideration is
not a second appeal to the Commission." Equal Employment Opportunity
Management Directive for 29 C.F. R. Part 1614, at 9-17 (rev. Nov. 9,
1999). Accordingly, the decision in EEOC Appeal No. 01A45816 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
December 29, 2005
__________________
Date