Neal A. Reinemann, Complainant,v.Michael W. Wynne, Secretary, Department of the Air Force, Agency.

Equal Employment Opportunity CommissionOct 17, 2006
0520061071 (E.E.O.C. Oct. 17, 2006)

0520061071

10-17-2006

Neal A. Reinemann, Complainant, v. Michael W. Wynne, Secretary, Department of the Air Force, Agency.


Neal A. Reinemann v. Department of the Air Force

05A61071

10-17-06

.

Neal A. Reinemann,

Complainant,

v.

Michael W. Wynne,

Secretary,

Department of the Air Force,

Agency.

Request No. 05A61071

Appeal No. 01A55983

Agency No. 9X1M05014

DECISION ON REQUEST TO RECONSIDER

On September 1, 2006, Neal A. Reinemann (complainant) timely requested

reconsideration of the decision in Neal A. Reinemann v. Michael W. Wynne,

Secretary, Department of the Air Force, EEOC Appeal No. 01A55983

(August 18, 2006). EEOC regulations provide that the Commission may,

in its discretion, grant a request to reconsider any previous Commission

decision where the party demonstrates that: (1) the appellate 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).

The previous decision addressed complainant's claims of discrimination

based on age (DOB 1/17/1946) and in reprisal for prior EEO activity when

(a) his security clearance was revoked in January 2003; (b) the agency

proposed his removal in August 2003; and (c) he was subjected to a

hostile work environment from 1991. In our decision, we agreed with the

Administrative Judge's (AJ) dismissal of complainant's complaint and found

that issue (a) was untimely brought to the attention of an EEO counselor

and properly dismissed pursuant to 29 C.F.R. � 1614.107(a)(2);<1> that

issue (b) concerned a proposed action and was properly dismissed pursuant

to 29 C.F.R. � 1614.107(a)(5); and that, as to issue (c), to sustain

a claim of hostile work environment, at least one adverse employment

event must have occurred within 45 prior to complainant's EEO contact,

and complainant did not state an adverse action that fell within the

time period.

As his request, complainant submitted the same brief as he submitted on

appeal, which argued the merits of his case. However, as noted above,

the previous decision affirmed the AJ's dismissal of his complaint

on procedural grounds and did not address the merits. In order to

warrant the reconsideration of a prior 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. The Commission's

scope of review on a request for reconsideration is narrow and is not

merely a form of a second appeal. 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 finds that

the complainant's request does not meet the regulatory criteria of 29

C.F.R. � 1614.405(b), in that, the request does not identify a clearly

erroneous interpretation of material fact or law, nor does it show that

the underlying decision will have a substantial impact on the policies,

practices or operation of the agency. Complainant's request did not

address the reasons for dismissal of his complaint, and he has not met

the criteria for review.

After a review of the 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. 01A55983 remains the Commission's final decision.

There is no further right of administrative appeal on the decision of

the Commission on this request.

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

___10-17-06_______________

Date

1Complainant contacted an EEO counselor on August 17, 2004, and filed

his formal complaint on September 17, 2003. Because the Commission

found that complainant should have reasonably suspected discrimination

in early 2003, we affirmed the dismissal of this claim.