05a50707
04-29-2005
Roy F. Murray, Complainant, v. Dr. Francis J. Harvey, Secretary, Department of the Army, Agency.
Roy F. Murray v. Department of the Army
05A50707
04-29-05
.
Roy F. Murray,
Complainant,
v.
Dr. Francis J. Harvey,
Secretary,
Department of the Army,
Agency.
Request No. 05A50707
Appeal No. 01A51256
Agency No. ARCAMPB04MAR0036
DENIAL
Roy F. Murray (complainant) timely requested reconsideration of the
decision in Roy F. Murray v. Department of the Army, EEOC Appeal
No. 01A51256 (February 25, 2005). EEOC Regulations provide that the
Commission may, in its discretion, grant a request to 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 his underlying complaint, complaint alleged that he was discriminated
against in violation of Title VII of the Civil Rights Act of 1964,
as amended, 42 U.S.C. � 2000e et seq., and the Equal Pay Act of 1963,
29 U.S.C. � 201 et seq. In its final action, the agency determined that
complainant contacted the EEO Counselor in regards to these allegations in
an untimely manner. Complainant appealed to the Commission. On appeal,
we affirmed the agency's finding of untimely contact. We determined
that complainant suspected or should have suspected that he was being
discriminated against well before the 45-day period that preceded his
February 10, 2004 counselor contact.
In his request for reconsideration, complainant reiterates arguments made
in the underlying appeal. As such, the Commission finds that complainant
failed to demonstrate that the appellate decision involved an erroneous
interpretation of material fact or law; or would have a substantial
impact on the policies, practices, or operations of the agency.
Therefore after a review of complainant's request for reconsideration,
the previous decision, and the entire record, it is the decision of the
Commission to deny the request. The decision in EEOC Appeal No. 01A51256
remains the Commission's final decision. There is no further right of
administrative appeal on the decision of the Commission on this request.
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
____04-29-05______________
Date