William M. Bailey, Sr., Complainant,v.Togo D. West, Jr., Secretary, Department of Veterans Affairs, Agency.

Equal Employment Opportunity CommissionFeb 29, 2000
05a00097 (E.E.O.C. Feb. 29, 2000)

05a00097

02-29-2000

William M. Bailey, Sr., Complainant, v. Togo D. West, Jr., Secretary, Department of Veterans Affairs, Agency.


William M. Bailey, Sr. v. Department of Veterans Affairs

05A00097

February 29, 2000

William M. Bailey, Sr., )

Complainant, )

) Request No. 05A00097

v. ) Appeal No. 01980859

)

Togo D. West, Jr., )

Secretary, )

Department of Veterans Affairs, )

Agency. )

____________________________________)

DENIAL OF REQUEST FOR RECONSIDERATION

On October 16, 1999, William M. Bailey, Sr.(complainant) initiated

a request to the Equal Employment Opportunity Commission (EEOC)

to reconsider the decision in William M. Bailey, Sr. v. Department

of Veterans Affairs, EEOC Appeal No. 01980859 (July 6, 1999).<1>

EEOC Regulations provide that the Commission may, in its discretion,

reconsider any previous decision. 29 C.F.R. � 1614.405(b).

A request for reconsideration must be filed within 30 days of receipt of

the previous appellate decision. 29 C.F.R. � 1614.405(b). A request is

timely filed if delivered in person or postmarked before the expiration

of the applicable filing period. 29 C.F.R. � 1614.604(b).

Assuming complainant received the previous decision within five days

of its issuance, the request for reconsideration is 90 days past

the approximate receipt of the previous decision. Not only did the

previous decision include a statement of rights informing complainant of

the applicable time limit, it specifically advised complainant that,

if extenuating circumstances prevented the timely filing of a request,

he had to submit with his request a written statement setting forth the

circumstances which caused the delay and any supporting documentation. In

this case, complainant has submitted nothing that would justify tolling

the applicable time limitations period. Accordingly, we find that his

request for reconsideration is untimely. The Commission's decision in EEOC

Appeal No. 01980859 (July 6, 1999) remains the Commission's final decision

in this matter. There is no further right of administrative appeal on

the decision of the Commission on this Request for Reconsideration.

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:

February 29, 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

________________________

Equal Employment Assistant

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.