05990835_r
06-01-2001
Paul M. Brown, Complainant, v. Larry G. Massanari, Acting Commissioner, Social Security Administration, Agency.
Paul M. Brown v. Social Security Administration
05990835
June 1, 2001
.
Paul M. Brown,
Complainant,
v.
Larry G. Massanari,
Acting Commissioner,
Social Security Administration,
Agency.
Request No. 05990835
Appeal No. 01983527
Agency No. 98-0115-SSA
DENIAL OF REQUEST FOR RECONSIDERATION
The agency initiated a request to the Equal Employment Opportunity
Commission (EEOC or Commission) to reconsider the decision in Paul
M. Brown v. Social Security Administration, EEOC Appeal No. 01983527
(June 3, 1999). 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 01983527, complainant appealed from the agency's dismissal of
his claims for stating the same claim raised in prior complaints or
grievances. The Commission vacated the agency's dismissal, ordered
the agency to conduct a supplemental investigation to obtain the prior
filings, and required the agency to issue a new decision in light of
the supplemental information. In its request, the agency submits the
information that it failed to present on appeal, and which it was ordered
to gather in the appeal remand. Rather than issue a decision as the
remand required, the agency requests that the Commission revisit its
prior decision based on its newly submitted, yet previously available
information. The Commission declines to do so.
After a review of the agency'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. 01983527 remains the Commission's final decision. The order
from the prior decision is reprinted below. There is no further right of
administrative appeal on the decision of the Commission on this request
for reconsideration.
ORDER
The agency shall supplement the record with:
1. Copies of complaints and decisions concerning those complaints
which state the same claims as claim 1.
2. A copy of the relevant portion of the negotiated agreement showing
whether complainant had the right to raise claims of discriminatory
treatment under the negotiated grievance procedure.
Within 30 days of the date this decision becomes final, the agency
shall issue a new decision dismissing the complaint or issue a letter
to complainant accepting the complaint for investigation. The agency
shall submit a copy of the decision dismissing the complaint or a copy
of the letter to complainant accepting the complaint for investigation,
to the Compliance Officer as referenced herein.
IMPLEMENTATION OF THE COMMISSION'S DECISION (K0900)
Compliance with the Commission's corrective action is mandatory.
The agency shall submit its compliance report within thirty (30)
calendar days of the completion of all ordered corrective action. The
report shall be submitted to the Compliance Officer, Office of Federal
Operations, Equal Employment Opportunity Commission, P.O. Box 19848,
Washington, D.C. 20036. The agency's report must contain supporting
documentation, and the agency must send a copy of all submissions to
the complainant. If the agency does not comply with the Commission's
order, the complainant may petition the Commission for enforcement of
the order. 29 C.F.R. � 1614.503(a). The complainant also has the right
to file a civil action to enforce compliance with the Commission's order
prior to or following an administrative petition for enforcement. See 29
C.F.R. �� 1614.407, 1614.408, and 29 C.F.R. � 1614.503(g). Alternatively,
the complainant has the right to file a civil action on the underlying
complaint in accordance with the paragraph below entitled "Right to File
A Civil Action." 29 C.F.R. �� 1614.407 and 1614.408. A civil action
for enforcement or a civil action on the underlying complaint is subject
to the deadline stated in 42 U.S.C. � 2000e-16(c)(Supp. V 1993). If the
complainant files a civil action, the administrative processing of the
complaint, including any petition for enforcement, will be terminated.
See 29 C.F.R. � 1614.409.
COMPLAINANT'S RIGHT TO FILE A CIVIL ACTION (R0900)
This is a decision requiring the agency to continue its administrative
processing of your complaint. However, if you wish to file a civil
action, you have the right to file such action in an appropriate United
States District Court within ninety (90) calendar days from the date
that you receive this decision. In the alternative, you may file a
civil action after one hundred and eighty (180) calendar days of the date
you filed your complaint with the agency, or filed your appeal with the
Commission. 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. Filing a civil
action will terminate the administrative processing of your complaint.
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
June 1, 2001
__________________
Date