05a50324
04-14-2005
Cedric Jones, Complainant, v. Lt. Gen. Michael V. Hayden, Director, National Security Agency, Agency.
Cedric Jones v. National Security Agency
05A50324
4/14/05
.
Cedric Jones,
Complainant,
v.
Lt. Gen. Michael V. Hayden,
Director,
National Security Agency,
Agency.
Request No. 05A50324
Appeal No. 01A44968
DENIAL
Cedric Jones (complainant) timely requested reconsideration of the
decision in Cedric Jones v. National Security Agency, EEOC Appeal
No. 01A44968 (November 16, 2004). 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).
The prior decision found the agency's dismissal of the informal complaint
was proper. Specifically, the prior decision found complainant failed
to file a formal complaint within 15 days of the date of his receipt
of the Notice of Right to File a Formal complaint. In his Request,
complainant submits documentation supporting his financial and health
related problems, which he contends prohibited him from timely submitting
his formal complaint.
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. However, we do find the prior decision erred in dismissing
the complaint based on 29 C.F.R. � 1614.107(a)(2), as complainant had
not yet received his Notice of Right to File a Formal complaint.
Rather, the record reveals that on numerous occasions, the agency
attempted to get in touch with complainant in order to discuss the
complaint and counseling process. After unsuccessful attempts at
communicating with complainant via telephone, the agency mailed
complainant an �Initial Counseling Datasheet� and instructed him to
complete it and mail it back within 15 days. Complainant received the
document on May 24, 2004, but did not return the document until July
29, 2004. Accordingly, the informal complaint was properly dismissed
pursuant to 29 C.F.R. � 1614(a)(7) for failure to cooperate. We also note
that the record did not contain sufficient information for the agency
to have proceeded with counseling absent the form, as it requested
specific information regarding the nature of his complaint and the
responsible offenders. Despite this non-prejudicial error, complainant
failed to establish the prior decision made an erroneous interpretation
of material law or fact. The decision in EEOC Appeal No. 01A44968
remains the Commission's final 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 (P0900)
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:
______________________________
Carlton M. Hadden, Director
Office of Federal Operations
4/14/05
Date