0520100048
11-20-2009
Vernon W. Risby, Complainant, v. Gary Locke, Secretary, Department of Commerce, Agency.
Vernon W. Risby,
Complainant,
v.
Gary Locke,
Secretary,
Department of Commerce,
Agency.
Request No. 0520100048
Appeal No. 0120092945
Agency No. 076700116
DENIAL
Complainant timely requested reconsideration of the decision in Vernon W. Risby v. Department of Commerce, EEOC Appeal No. 0120092945 (September 30, 2009). 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 its initial decision, the Commission affirmed the agency's final decision finding no breach of a settlement agreement. In his request, complainant reiterates arguments previously raised. For example, complainant asserts that he timely raised his breach claim.
Upon review of the record, we find that the Commission's initial decision properly affirmed the agency's final decision finding no breach of the settlement agreement. The Commission's initial decision properly found that complainant's breach claim was not timely raised. In addition, the Commission's initial decision properly noted that "the non-disclosure provision made no requirement for the agency to keep the agreement confidential." We remind complainant that a "request for reconsideration is not a second appeal to the Commission." Equal Employment Opportunity Management Directive 110 for 29 C.F.R. Part 1614 (Nov. 9, 1999), Chapter 9.
After reconsidering the previous decision and the entire record, the Commission finds that the request fails to meet the criteria of 29 C.F.R. � 1614.405(b), and it is the decision of the Commission to deny the request. The decision in EEOC Appeal No. 0120092945 remains the Commission's 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 (P0408)
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 (Z1008)
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 from the Court that the Court appoint an attorney to represent you and that the Court also 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 with the Court 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
November 20, 2009
Date
2
0520100048
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
2
0520100048