Lori S. Fernandez, Appellant,v.Louis Caldera, Secretary, Department of the Army, Agency.

Equal Employment Opportunity CommissionOct 14, 1999
05990619 (E.E.O.C. Oct. 14, 1999)

05990619

10-14-1999

Lori S. Fernandez, Appellant, v. Louis Caldera, Secretary, Department of the Army, Agency.


Lori S. Fernandez v. Department of the Army

05990619

October 14, 1999

Lori S. Fernandez, )

Appellant, )

)

v. ) Request No. 05990619

) Appeal No. 01983368

Louis Caldera, ) Agency No. 09709H0200

Secretary, )

Department of the Army, )

Agency. )

______________________________)

DISMISSAL OF REQUEST FOR RECONSIDERATION

On April 16, 1999, Lori S. Fernandez (appellant) initiated a request

to the Equal Employment Opportunity Commission (EEOC) to reconsider the

decision in Fernandez v. Department of the Army, EEOC Appeal No. 01983368

(March 18, 1999). EEOC Regulations provide that the Commissioners may,

in their discretion, reconsider any previous Commission decision.

29 C.F.R. �1614.407(a).

The record indicates appellant was removed from her position as a

General Supply Specialist for misuse of her agency issued credit

card. Appellant appealed her removal to the Merit Systems Protection

Board (MSPB), which changed the removal to a demotion to a lower graded

non-supervisory position, in any event no lower than GS-5. Appellant

eventually filed a petition for review of the MSPB decision seeking review

by the Commission on her discrimination claims. In its decision, the

Commission concurred with the MSPB and found there was no discrimination

or reprisal. Fernandez v. Dept. of the Army, EEOC Petition No. 03980107

(September 21, 1998). Appellant was reinstated to a GS-5 position. Feeling

that the agency had not completely complied with the MSPB order, appellant

filed a petition for enforcement with the Board. Appellant also filed an

EEO complaint which is at issue herein, complaining that the agency had

not complied with the MSPB order. The agency dismissed the matter because

the matter was before the MSPB, and the previous decision affirmed. In

her request for reconsideration, appellant continues to complain about

the interim relief and the way in which the agency complied with the

MSPB order.

On July 27, 1999, the agency submitted papers indicating appellant

filed civil action No. 3 99 0529 in the U.S. District Court for the

Middle District of Tennessee on June 17, 1999. A review of the documents

indicates that the civil action encompasses the allegations included

in the instant complaint. In accordance with 29 C.F.R. �1614.410 the

filing of the civil action terminates the Commission's processing of

this matter.

RIGHT TO FILE A CIVIL ACTION (P0993)

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.

It is the position of the Commission that 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.

You should be aware, however, that courts in some jurisdictions have

interpreted the Civil Rights Act of 1991 in a manner suggesting that

a civil action must be filed WITHIN THIRTY (30) CALENDAR DAYS from the

date that you receive this decision. To ensure that your civil action

is considered timely, you are advised to file it WITHIN THIRTY (30)

CALENDAR DAYS from the date that you receive this decision or to consult

an attorney concerning the applicable time period in the jurisdiction

in which your action would be filed. 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 (Z1092)

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:

October 14, 1999

_______________ ______________________________

Date Frances M. Hart

Executive Officer

Executive Secretariat