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.