Roy G. Watson, Complainant,v.Togo D. West, Jr., Secretary, Department of Veterans Affairs, Agency.

Equal Employment Opportunity CommissionSep 7, 2000
05980860 (E.E.O.C. Sep. 7, 2000)

05980860

09-07-2000

Roy G. Watson, Complainant, v. Togo D. West, Jr., Secretary, Department of Veterans Affairs, Agency.


Roy G. Watson v. Department of Veterans Affairs

05980860

September 7, 2000

Roy G. Watson, )

Complainant, )

)

v. ) Request No. 05980860

) Appeal No. 01972356

Togo D. West, Jr., )

Secretary, )

Department of Veterans Affairs, )

Agency. )

)

DECISION ON REQUEST FOR RECONSIDERATION

On May 27, 1998, the agency initiated a request to the Equal Employment

Opportunity Commission to reconsider the decision in Watson v. Department

of Veterans Affairs, EEOC Appeal No. 01972356 (April 23, 1998).<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 as 29 C.F.R. � 1614.405(a)), if the party

demonstrates that:

The appellate decision involved a clearly erroneous interpretation of

material fact or law; or

(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 as and hereinafter

cited as 29 C.F.R. � 1614.405(b)).

In his complaint, complainant alleged that he was discriminated against

when he received his performance appraisal for the period ending June 30,

1986 and because of adverse working conditions. The agency dismissed

the complaint on the grounds that the matter in the complaint was

the basis of a civil action decided by a United States District Court.

The previous decision reversed the dismissal of the performance appraisal

claim and vacated the dismissal of the adverse working conditions claim.

The previous decision found that the Memorandum Opinion and Judgment

by the district court failed to show that the instant administrative

complaint was part of the civil action. The previous decision also

found that the claim of adverse working conditions was unclear and that

the claim should be remanded for clarification.

In the agency's request to reconsider the previous decision, the agency

has submitted a copy of the civil action complaint. The copy of the civil

action complaint submitted by the agency clearly shows that complainant's

performance appraisal claim and his claim of adverse working conditions

are encompassed in the civil action. Therefore, dismissal of the

administrative EEO complaint by the agency was proper pursuant to the

regulation set forth at 64 Fed. Reg. 37,644, 37,656 (to be codified as

29 C.F.R. � 1614.107(a)(3)). The decision in EEOC Appeal No. 01972356

is reversed. There is no further right of administrative appeal from

a decision of the Commission on a 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:

September 7, 2000

________________ ______________________________

Date Frances M. Hart

Executive Officer

Executive Secretariat

CERTIFICATE OF MAILING

For timeliness purposes, the Commission will presume that this decision

was received within five (5) calendar days of mailing. I certify that

the decision was mailed to complainant, complainant's representative

(if applicable), and the agency on:

_____________________ _________________________

Date

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.