01a02753
08-16-2000
Sally L. Arnett, Complainant, v. Richard J. Danzig, Secretary, Department of the Navy, Agency.
Sally L. Arnett v. Department of the Navy
01A02753
August 16, 2000
.
Sally L. Arnett,
Complainant,
v.
Richard J. Danzig,
Secretary,
Department of the Navy,
Agency.
Appeal No. 01A02753
Agency No. 99-00027-S03
DECISION
The Commission finds that the agency's decision dated January 27, 2000,
dismissing complainant's complaint due to untimely EEO contact and/or
for stating the same claim that is pending before the agency is proper
pursuant to the regulations set forth at 64 Fed. Reg. 37,644, 37,656
(1999) (to be codified and hereinafter referred to as 29 C.F.R. ��
1614.107(a)(1) and (2)).<1>
In her complaint, complainant alleged that she was continuously not
selected for the following positions: (a) RB96-42 and 058(96), Equal
Employment Specialist, GS-260-5/7/9/11 in 1996; (b) ASF 026(96), Employee
Relations Specialist, GS-230-11, 2nd announcement in 1996; (c) 054(98),
Employee Relations Specialist, GS-230-11 in 1998; (d) 005(98), Employee
Relations Specialist, GS-230-11 in 1998; (e) Employee Relations Specialist
�advertized approximately 3/96,� ASF 026(96), 1st announcement in 1996;
(f) 074(97), Personnel Management Specialist, GS-201-11 in 1997; (g)
132(97), Labor Relations Specialist, GS-230-11 in 1997; and (h) 095(98),
Equal Employment Specialist, GS-260-7/9/11 in 1998.
The record indicates that complainant previously filed Agency
No. 99-00027-S02 on March 23, 1999, concerning claim (h), i.e., her
nonselection to 095(98) Equal Employment Specialist, GS-260-7/9/11,
which is pending before the agency at this time. Thus, the agency's
dismissal of claim (h) on the subject grounds was proper.
With regard to claims (a) through (g), the agency, in its decision, stated
that the alleged incidents occurred from 1996 to 1998, but complainant
did not contact an EEO Counselor until she sent her letter dated June 16,
1999, to the Deputy EEO Officer. The record indicates that the alleged
nonselections in claims (a), (b), (e), and (f) occurred in 1996 and 1997.
The record also indicates that the incident in claim (c) occurred on
October 27, 1998, when the agency made a selection decision for Vacancy
Announcement No. 054(98). It is noted that the record indicates that
complainant did not apply for such vacancy. With regard to claim (d),
the record indicates that complainant was notified of her nonselection
for Vacancy Announcement No. 005(98) on March 3, 1998. Based on the
foregoing, the Commission finds that complainant's June 16, 1999 EEO
contact with regard to claims (a) through (g) was beyond the 45-day time
limit. On appeal, complainant does not present adequate justification
to warrant an extension of the applicable time limit for contacting an
EEO Counselor.
Accordingly, the agency's decision is AFFIRMED.<2>
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M0300)
The Commission may, in its discretion, reconsider the decision in this
case if the complainant or the agency submits a written request containing
arguments or evidence which tend to establish 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.
Requests to reconsider, with supporting statement or brief, MUST BE FILED
WITH THE OFFICE OF FEDERAL OPERATIONS (OFO) WITHIN THIRTY (30) CALENDAR
DAYS of receipt of this decision or WITHIN TWENTY (20) CALENDAR DAYS OF
RECEIPT OF ANOTHER PARTY'S TIMELY REQUEST FOR RECONSIDERATION. See 64
Fed. Reg. 37,644, 37,659 (1999) (to be codified and hereinafter referred
to as 29 C.F.R. � 1614.405); Equal Employment Opportunity Management
Directive for 29 C.F.R. Part 1614 (EEO MD-110), 9-18 (November 9, 1999).
All requests and arguments must be submitted to the Director, Office of
Federal Operations, Equal Employment Opportunity Commission, P.O. Box
19848, Washington, D.C. 20036. In the absence of a legible postmark, the
request to reconsider shall be deemed timely filed if it is received by
mail within five days of the expiration of the applicable filing period.
See 64 Fed. Reg. 37,644, 37,661 (1999) (to be codified and hereinafter
referred to as 29 C.F.R. � 1614.604). The request or opposition must
also include proof of service on the other party.
Failure to file within the time period will result in dismissal of your
request for reconsideration as untimely, unless extenuating circumstances
prevented the timely filing of the request. Any supporting documentation
must be submitted with your request for reconsideration. The Commission
will consider requests for reconsideration filed after the deadline only
in very limited circumstances. See 29 C.F.R. � 1614.604(c).
COMPLAINANTS' RIGHT TO FILE A CIVIL ACTION (S0400)
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. If you
file a request to reconsider and also file a civil action, filing a civil
action will terminate the administrative processing of your complaint.
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
August 16, 2000
__________________
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.
2It is noted that the agency's dismissal of claim (a) on the alternative
grounds needs not be discussed since its dismissal is affirmed on the
grounds for untimely EEO contact.