0520120306
11-30-2012
Korreain Duckenfield, Complainant, v. Eric K. Shinseki, Secretary, Department of Veterans Affairs, Agency.
Korreain Duckenfield,
Complainant,
v.
Eric K. Shinseki,
Secretary,
Department of Veterans Affairs,
Agency.
Request No. 0520120306
Appeal No. 0120113874
Agency No. 2004-0372-2008-103671
DENIAL
Complainant timely requested reconsideration of the decision in Korreain Duckenfield v. Department of Veterans Affairs, EEOC Appeal No. 0120113874 (January 31, 2012). 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).
Our previous decision dismissed Complainant's appeal as untimely filed. We noted that Complainant's attorney received the final agency decision on June 13, 2011, but Complainant did not file her appeal until August 12, 2011, beyond the 30-day time limitation for filing an appeal. We noted that Complainant's appeal, to be considered timely, needed to be filed no later than July 13, 2011.
In her request for reconsideration, Complainant, through her attorney, contends that she faxed the notice of appeal to the Commission on July 11, 2011, but received a busy signal several times. Complainant contends that after she received the busy signal, she mailed the appeal to the Commission on July 12, 2011. Complainant contends that her attorney's outgoing mail log shows that the notice of appeal was mailed to the Commission on July 12, 2011.
We note that Complainant has not provided sufficient evidence to establish that she either faxed or mailed the appeal to the Commission by July 13, 2011. Rather, the record only contains a fax transmission from Complainant's attorney dated August 12, 2011, entitled "Complainant's Appeal." We also note that the outgoing mail log submitted by Complainant's attorney lists the addressee as the Agency and not the Commission.
After reviewing 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. 0120113874 remains the Commission's 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 (P0610)
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 (Z0610)
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 from the Court that the Court appoint an attorney to represent you and that the Court also 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 with the Court 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
November 30, 2012
Date
2
0520120306
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
2
0520120306