05a00130
05-05-2000
Richard Becker, Complainant, Togo D. West, Jr., Secretary, Department of Veterans Affairs, Agency.
Richard Becker, )
Complainant, ) Request No. 05A00130
) Appeal No. 01954438
) Agency No. 94-2083
Togo D. West, Jr., )
Secretary, )
Department of Veterans Affairs, )
Agency. )
____________________________________)
DENIAL OF REQUEST FOR RECONSIDERATION
The complainant initiated a request to the Equal Employment Opportunity
Commission (EEOC or Commission) to reconsider the decision in Richard
Becker v. Department of Veterans Affairs, EEOC Appeal No. 01954438
(February 28, 1997).<1> The Commission, in its discretion, may grant a
party's request to reconsider a decision issued under the regulation set
forth at 64 Fed. Reg. 37,644, 37,659 (1999)(to be codified and hereinafter
referred to as 29 C.F.R. � 1614.405(a)), if the party demonstrates that:
(1) The appellate decision involved a clearly erroneous interpretation
of material fact or law; or
(2) The decision will have a substantial impact on the policies,
practices, or operations 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)).
In his request to reconsider, complainant asked the Commission to reopen
all appeals he has filed from 1990 agency decisions to the present.
Complainant has filed a total of eight appeals since 1990. We find that
complainant has already filed requests to reconsider on five of these
appeals. (EEOC Request Nos. 05960799, 05980912, 05A00566, 05A00567,
05A00568). Three of these requests to reconsider are pending before
the Commission now (EEOC Request Nos. 05A00566, 05A00567, 05A00568).
Two of the requests to reconsider were already decided by the Commission
and therefore complainant cannot file another request to reconsider on
these cases (EEOC Request Nos. 05960799 and 05980912). Complainant also
filed an appeal in which the Commission reversed the agency decision
dismissing complainant's complaint (EEOC Appeal No. 01990055). We note
that because the Commission decided in complainant's favor in EEOC Appeal
No. 01990055, we do not interpret his request for reconsideration as
applying to this decision. Finally, we note that complainant filed
another appeal which is currently pending before the Commission (EEOC
Appeal No. 01A2560) and therefore, not affected by complainant's October
1999 request to reopen. Therefore, we find that the only appellate
decision affected by complainant's request is EEOC Appeal No. 01954438
(February 28, 1997).
By regulation, a request to reconsider must be filed within
thirty (30) calendar days after receipt of the previous decision.
64 Fed. Reg. 37,644, 37,659 (1999)(to be codified and hereinafter referred
to as 29 C.F.R.� 1614.405(b)). Further, a request to reconsider "shall
be deemed timely if it is delivered in person or postmarked before
the expiration of the applicable filing period." 64 Fed. Reg. 37,644,
37,661 (1999)(to be codified and hereinafter referred to as 29 C.F.R. �
1614.604(b)). In this case, as demonstrated by the certified mail
receipt, complainant received the previous decision on March 6, 1997.
The end of the filing period was April 5, 1997. Complainant filed his
request to reconsider on October 6, 1999, as evidenced by the postmark
date. Under our regulations, then, the request to reconsider was untimely
filed.
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. 01954438 remains the Commission's final decision.
There is no further right of administrative appeal of the decision of
the Commission on this request for reconsideration.
COMPLAINANTS' RIGHT TO FILE A CIVIL ACTION (P0400)
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:
May 5, 2000
Date Carlton M. Hadden, Acting Director
Office of Federal Operations
1On 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.