Donald H. Priester, Complainant,v.Samuel W. Bodman, Secretary, Department of Energy, Agency.

Equal Employment Opportunity CommissionJul 12, 2005
05a50943 (E.E.O.C. Jul. 12, 2005)

05a50943

07-12-2005

Donald H. Priester, Complainant, v. Samuel W. Bodman, Secretary, Department of Energy, Agency.


Donald H. Priester v. Department of Energy

05A50943

July 12, 2005

.

Donald H. Priester,

Complainant,

v.

Samuel W. Bodman,

Secretary,

Department of Energy,

Agency.

Request No. 05A50943

Appeal No. 01A43164

Agency Nos. 94(101)HA/ER; 00(57)HQ/SC; 03-4925-HQ

DENIAL

Donald H. Priester (complainant) timely requested reconsideration

of the decision in Donald H. Priester v. Department of Energy, EEOC

Appeal No. 01A43164 (May 10, 2005). 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 his request, complainant maintains that the agency breached a January

28, 2003 agreement into which he and the agency's Office of Science

entered. Specifically, complainant indicates that the agency failed

to issue a $1,000,000 research grant to Historically Black Colleges and

Universities (HBCU) in his name under that agreement. Complainant also

claims that as a result of the alleged breach, he was humiliated in front

of his professional colleagues and his prospects for future employment

were damaged.

Upon review, the Commission finds that since the January 28, 2003

agreement did not resolve any EEO claims, his breach claim is beyond

the Commission's jurisdiction. Furthermore, although complainant

argues in his request that he was humiliated by the agency's failure

to issue $1,000,000 in research grants to HBCUs, the Commission has

no jurisdiction over his non-EEO agreement. Thus, complainant's claim

regarding the agency's failure to implement his non-EEO agreement was

properly dismissed for failure to state a claim pursuant to 29 C.F.R. �

1614.107(a)(1).

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. 01A43164 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

July 12, 2005

__________________

Date