Darrel L. Schneider, Complainant,v.Craven H. Crowell, Jr., Chairman, Tennessee Valley Authority, Agency.

Equal Employment Opportunity CommissionFeb 28, 2001
05a01089 (E.E.O.C. Feb. 28, 2001)

05a01089

02-28-2001

Darrel L. Schneider, Complainant, v. Craven H. Crowell, Jr., Chairman, Tennessee Valley Authority, Agency.


Darrel L. Schneider v. Tennessee Valley Authority

05A01089

02-28-01

.

Darrel L. Schneider,

Complainant,

v.

Craven H. Crowell, Jr.,

Chairman,

Tennessee Valley Authority,

Agency.

Request No. 05A01089

Appeal No. 01A03406

Agency No. 403-98-078

DECISION ON REQUEST TO RECONSIDER

On August 1, 2000, Darrel L. Schneider (complainant) timely initiated a

request to the Equal Employment Opportunity Commission (the Commission)

to reconsider the decision in Darrel L. Schneider v. Craven H. Crowell,

Jr., Chairman, Tennessee Valley Authority, EEOC Appeal No. 01A03406

(July 7, 2000). EEOC regulations provide that the Commissioners may,

in their discretion, reconsider any previous decision where the party

demonstrates that: (1) the previous decision involved a clearly erroneous

interpretation of material fact or law; or (2) the decision will have

a substantial impact on the policies, practices or operation of the

agency. 29 C.F.R. � 1614.405(b).<1> For the reasons set forth below,

the complainant's request is denied.

The issue presented is whether complainant's request meets the criteria

for reconsideration.

Complainant filed his formal complainant alleging discrimination based

on age, identifying five claims. The agency determined that all of

the claims were untimely and dismissed them. On appeal, the Commission

agreed that four of the five claims were properly dismissed but remanded

the fifth claim for a determination of whether complainant received

counseling within 45 days of the event in the fifth claim. EEOC Appeal

No. 01984439 (June 2, 1999). Subsequently, the agency found that the

complainant sought counseling beyond the event in the fifth claim and

dismissed this claim. Complainant filed an appeal, and the Commission's

previous decision affirmed the agency's decision.

Complainant has filed a request for reconsideration. He claims that a

report of his counseling was made and requests a copy. Complainant also

questions whether his statements on appeal were reviewed. The agency

filed comments in response to complainant's request arguing that

the request does not meet the criteria for reconsideration, that

complainant's EEO contact was untimely, and that the report to which

complainant refers was the pre-complainant counseling report previously

sent to complainant.

In order to merit the reconsideration of a prior Commission decision,

the requesting party must submit written argument that tends to establish

that at least one of the criteria of 29 C.F.R. � 1614.405(b) is met.

A request for review is not a second opportunity for appeal, and the

Commission's scope of review on a request for reconsideration is narrow.

Lopez v. Department of the Air Force, EEOC Request No. 05890749

(September 28, 1989); Regensberg v. USPS, EEOC Request No. 05900850

(September 7, 1990).

The Commission's regulations require that a complainant bring his/her

complaint to the attention of an EEO counselor within 45 days of

an alleged discriminatory event. See 29 C.F.R. � 1614.105 et seq.

Because complainant's EEO contact was not within 45 days of the event

herein and failed to offer any explanation or justification for the delay,

we find that the fifth allegation was properly dismissed. 29 C.F.R. ��

1614.107(a)(1)-(2). Possible minor misstatements of immaterial facts

do not alter the fact that complainant's contact was untimely.

CONCLUSION

After a review of the complainant's request for reconsideration, the

agency's reply thereto, the previous decision, and the entire record,

the Commission finds that the complainant's request fails to meet any

of the criteria of 29 C.F.R. � 1614.405(b), and it is the decision of

the Commission to deny the complainant's request. The decision of

the Commission in EEOC Appeal No. 01A03406 (July 7, 2000) remains

the Commission's final decision. There is no further right of

administrative appeal from a decision of the Commission on a request

for reconsideration.

STATEMENT OF COMPLAINANT'S RIGHTS - ON REQUEST FOR RECONSIDERATION

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

___02-28-01_______________

Date

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 29 C.F.R. Part 1614 in deciding the

present appeal. The regulations, as amended, may also be found at the

Commission's website at www.eeoc.gov.