05A21084_05A21085_r
10-31-2002
Roberta Bondzie, et al., Complainant, v. Paul H. O'Neill, Secretary, Department of the Treasury, Agency.
Roberta Bondzie, et al. v. Department of the Treasury
05A21084, 05A21085, 05A21086, 05A21087
October 31, 2002
.
Roberta Bondzie, et al.,
Complainant,
v.
Paul H. O'Neill,
Secretary,
Department of the Treasury,
Agency.
Request Nos. 05A21084, 05A21085, 05A21086, 05A21087
Appeal Nos. 01A12691, 01A12692, 01A12693, 01A13807
Agency Nos. 00-0011C, 01-1125
Hearing No. 100-AO-7829X
DENIAL OF REQUESTS FOR RECONSIDERATION
Complainants Roberta Bondzie (EEOC Appeal No. 01A12691; EEOC Request
No. 05A21084), Jerry Feith (EEOC Appeal No. 01A12692; EEOC Request
No. 05A21085), and Vera Nigro (EEOC Appeal Nos. 01A12693, 01A13807;
EEOC Request Nos. 05A21086, 05A21087), initiated requests to the Equal
Employment Opportunity Commission (EEOC or Commission) to reconsider
the decision in Roberta Bondzie, et al. v. Department of the Treasury,
EEOC Appeal Nos. 01A12691, 01A12692, 01A12693, 01A13807 (July 30, 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).
After a review of complainants' requests for reconsideration, the
previous decision, and the entire record, the Commission finds that
the requests fail to meet the criteria of 29 C.F.R. � 1614.405(b),
and it is the decision of the Commission to deny the requests.
The decision in EEOC Appeal Nos. 01A12691, 01A12692, 01A12693, 01A13807,
remains the Commission's final decision. There is no further right of
administrative appeal on the decision of the Commission on these requests
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
October 31, 2002
__________________
Date