05991183
03-10-2000
William M. Aldrup, Complainant, v. Louis Caldera, Secretary, Department of the Army, Agency.
William M. Aldrup v. Department of the Army
05991183
March 10, 2000
William M. Aldrup, )
Complainant, )
)
v. ) Request No. 05991183
) Appeal No. 01984310
Louis Caldera, ) Agency No. BHFRF09707H1380
Secretary, )
Department of the Army, )
Agency. )
______________________________)
DISMISSAL OF REQUEST FOR RECONSIDERATION
On September 27, 1999, William M. Aldrup (complainant) initiated
a request to the Equal Employment Opportunity Commission (EEOC) to
reconsider the decision in Aldrup v. Dept. of the Army, EEOC Appeal
No. 01984310 (August 27, 1999).<1> In 64 Fed. Reg. 37644, 37659 (1999)
(to be codified and hereinafter referred to as 29 C.F.R. �1614.405),
EEOC regulations provide that the Commissioners may, in their discretion,
reconsider any previous decision. 29 C.F.R. �1614.405(b).
The record indicates complainant filed an EEO complaint alleging
discrimination based on mental disability (stress/anxiety) and reprisal
when he received a notice of proposed suspension for five 24 hour
shifts. The agency dismissed the complaint and the previous decision
affirmed the dismissal as modified.
By letter dated December 14, 1999, the agency informed the Commission
that complainant had filed a civil action in the U.S. District Court
for the Western District of Texas, San Antonio Division, Docket No.
SA99CA1208 on October 21, 1999. A review of the documents indicates that
the civil action encompasses the same claim and bases included in the
instant complaint. In accordance with 29 C.F.R. �1614.409 the filing of
the civil action terminates the Commission's processing of this matter.
COMPLAINANT'S RIGHT TO FILE A CIVIL ACTION (P1199)
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:
March 10, 2000
DATE Carlton M. Hadden, Acting Director
Office of Federal Operations
CERTIFICATE OF MAILING
For timeliness purposes, the Commission will presume that this decision
was received within five (5) calendar days after it was mailed. I certify
that this 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.