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.