Keith Owens, Complainant,v.Louis Caldera, Secretary, Department of the Army, Agency.

Equal Employment Opportunity CommissionOct 18, 2000
05A00319 (E.E.O.C. Oct. 18, 2000)

05A00319

10-18-2000

Keith Owens, Complainant, v. Louis Caldera, Secretary, Department of the Army, Agency.


Keith Owens v. U.S. Department of the Army

05A00319

October 18, 2000

.

Keith Owens,

Complainant,

v.

Louis Caldera,

Secretary,

Department of the Army,

Agency.

Request No. 05A00319

Appeal No. 01983586

Agency No. 0-97-40H0070

DENIAL OF REQUEST FOR RECONSIDERATION

The complainant initiated a request to the Equal Employment Opportunity

Commission (EEOC or Commission) to reconsider the decision in Keith Owens

v. U.S. Department of the Army, EEOC Appeal No. 01983586 (December 10,

1999).<1> EEOC Regulations provide that the Commission may, in its

discretion, 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).

In support of complainant's request for reconsideration, complainant's

attorney argues that the selection procedure used to fill the vacancy at

issue in the formal complaint violated the �Recruitment and Selection

Procedures� issued by a named agency official on December 20, 1995 and

February 18, 1997. Complainant's attorney argues that the previous

decision erroneously failed to take this into consideration, and further

argues that complainant would have been promoted if this selection

procedure had been used by the agency.

Careful review of the appellate record, including complainant's appeal

statement, fails to disclose any reference to the selection procedures

addressed in the instant request for reconsideration. Moreover,

complainant fails to provide copies of the referenced selection

procedures, or any other evidence to demonstrate the existence of the

referenced selection procedures. Complainant also fails to provide

any description of these procedures, or to explain why he would have

been selected under this procedure when he only ranked as basically

qualified under the rating procedure used by the agency to fill the

vacancy at issue. As noted in the previous decision, we find that the

selection procedure used by the agency in this instance fully comports

with Office of Personnel Management regulations.

For the reasons set forth above, and after careful review of the

complainant's request for reconsideration, 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. The decision in EEOC Appeal No. 01983586

remains the Commission's final decision. There is no further right of

administrative appeal on the decision of the Commission on this request

for reconsideration.

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

October 18, 2000

__________________

Date

CERTIFICATE OF MAILING

For timeliness purposes, the Commission will presume that this decision

was received within five (5) calendar days after it was mailed. I certify

that this decision was mailed to complainant, complainant's representative

(if applicable), and the agency on:

__________________

Date

______________________________

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 29 C.F.R. Part 1614 in deciding the

present appeal. The regulations, as amended, may also be found at the

Commission's website at www.eeoc.gov.