05A20849_r
08-13-2002
Michael J. Cebulski, Complainant, v. Thomas E. White, Secretary, Department of the Army, Agency.
Michael J. Cebulski v. Department of the Army
05A20849
August 13, 2002
.
Michael J. Cebulski,
Complainant,
v.
Thomas E. White,
Secretary,
Department of the Army,
Agency.
Request No. 05A20849
Appeal No. 01A15112
Agency No. AWGIFO0009A0080
DENIAL OF REQUEST FOR RECONSIDERATION
Complainant timely initiated a request to the Equal Employment
Opportunity Commission (EEOC or Commission) to reconsider the decision
in Michael Cebulski v. Department of the Army, EEOC Appeal No. 01A15112
(April 3, 2002). 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).
We have reviewed the arguments submitted by complainant on his request
for reconsideration, and we find that complainant has failed to show that
he filed or was discouraged from filing his formal complaint, within the
proper time frame under the Commission's regulations. See 29 C.F.R. �
1614.106(b). The record indicates that the notice of right to file a
formal complaint was received at complainant's address of record, at the
latest, on September 30, 2000. The notice indicated that complainant
had to file a formal complaint within fifteen (15) calendar days of its
receipt; however, complainant did not file his formal complaint until,
at the earliest, June 25, 2001, which is beyond the fifteen (15) day
limitation period.
Therefore, after a review of 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. 01A15112 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
August 13, 2002
__________________
Date