05991160
03-09-2000
Radges A. Ottey, Complainant, v. Richard J. Danzig, Secretary, Department of the Navy, Agency.
Radges A. Ottey v. Department of the Navy
05991160
March 9, 2000
Radges A. Ottey, )
Complainant, )
) Request No. 05991160
v. ) Appeal No. 01981814
) Agency No. DON 97-66833-001
Richard J. Danzig, )
Secretary, )
Department of the Navy, )
Agency. )
)
DENIAL OF REQUEST FOR RECONSIDERATION
On September 16, 1999, Radges A. Ottey (complainant) timely initiated a
request to the Equal Employment Opportunity Commission (the Commission)
to reconsider the decision in Ottey v. Dept. Of the Navy, EEOC Appeal
No. 01981814 (August 12, 1999).<1> EEOC regulations provide that the
Commissioners may, in their discretion, reconsider any previous decision
where the party demonstrates that: (1) the previous decision involved
clearly erroneous interpretation of material fact or law; or (2) the
decision will have a substantial impact on the policies, practices or
operation of the agency. 64 Fed. Reg. 37,644, 37,659 (1999) (to be
codified and hereinafter referred to as 29 C.F.R. �1614.405(b)).
Complainant filed an EEO complaint raising five claims which were
dismissed by the agency. Complainant appealed the dismissal to the
Commission. In the previous decision, the Commission affirmed the
dismissal of claims 1, 4, and 5. With respect to the first claim,
the Commission relied upon the statement of a union representative in
finding that the grievance process allowed for issues of discrimination
to be raised, and also relied upon a copy of a union grievance signed
by complainant. With respect to claims 4 and 5, the previous decision
found that complainant did not raise those matters with the EEO counselor
and they were not like or related to complainant's
other claims. However, claims 2 and 3 were remanded for further
processing. In his request for reconsideration, complainant focuses on
claim number 1, arguing that the union failed to process his grievance. As
noted in the previous decision, complainant's recourse lies in the
grievance process. Complainant's request for reconsideration is denied.
On February 7, 2000 the Commission received a copy of a settlement
agreement which shows that the parties have agreed to settle claims 2
and 3. As such those claims are no longer before the Commission and the
previous Order is not being repeated herein.
After a review of complainant's request to reconsider, the previous
decision, and the entire record, the Commission finds that complainant's
request does not meet the criteria of 29 C.F.R. �1614.405(b), and
it is the decision of the Commission to deny complainant's request.
The decision of the Commission in Appeal No. 01981814 remains the
Commission's final decision with respect to issues 1, 4, and 5. Issues
2 and 3 have been settled. There is no further right of administrative
appeal from a decision of the Commission on a request for reconsideration.
COMPLAINANT'S RIGHT TO FILE A CIVIL ACTION (P1199)
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:
March 9, 2000
DATE Carlton M. Hadden, Acting Director
Office of Federal Operations
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
1 On 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 64 Fed. Reg. 37,644 (1999), where applicable, in deciding the
present appeal. The regulations, as amended, may also be found at the
Commission's website at WWW.EEOC.GOV.