05A40564
04-12-2004
Doris J. Blue, Complainant, v. Anthony J. Principi, Secretary, Department of Veterans Affairs, Agency.
Doris J. Blue v. Department of Veterans Affairs
05A40564
April 12, 2004
.
Doris J. Blue,
Complainant,
v.
Anthony J. Principi,
Secretary,
Department of Veterans Affairs,
Agency.
Request No. 05A40564
Appeal No. 02A30012
Agency No. FMCS0210767
DENIAL OF REQUEST FOR RECONSIDERATION
Doris J. Blue (complainant) timely initiated a request to the Equal
Employment Opportunity Commission (EEOC or Commission) to reconsider
the decision in Doris J. Blue v. Department of Veterans Affairs, EEOC
Appeal No. 02A30012 (February 17, 2004). EEOC Regulations provide that
the Commission may, in its discretion, 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 her grievance, complainant alleged that she was retaliated against
when she was discharged on May 25, 2002 and when the agency improperly
withheld information necessary for the Union to properly represent her.
In our previous decision, we affirmed the Arbitrator's decision because
the preponderance of the evidence of record did not establish that
retaliation occurred.
Complainant submitted a 153 page request for reconsideration, but she
did not raise any arguments that were not previously considered by the
Commission when it issued the previous decision. We remind complainant
that a �request for reconsideration is not a second appeal to the
Commission.� Equal Employment Opportunity Management Directive for 29
C.F.R. Part 1614 (rev. Nov. 9, 1999), at 9-17. This Commission carefully
considered all of the record evidence at the time it rendered the initial
decision in question, and complainant has offered no persuasive reason
why this decision should be reconsidered now.
After a review of complainant's request for reconsideration, 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. 02A30012 remains the Commission's final decision. 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 (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
April 12, 2004
__________________
Date