Neil O. Schiche, Complainant,v.Gale A. Norton, Secretary, Department of the Interior, Agency.

Equal Employment Opportunity CommissionSep 17, 2002
05A10994 (E.E.O.C. Sep. 17, 2002)

05A10994

09-17-2002

Neil O. Schiche, Complainant, v. Gale A. Norton, Secretary, Department of the Interior, Agency.


Neil O. Schiche v. Department of the Interior

05A10994

09-17-02

.

Neil O. Schiche,

Complainant,

v.

Gale A. Norton,

Secretary,

Department of the Interior,

Agency.

Request No. 05A10994

Appeal No. 01A10618

Agency No. LLM-92-012

DENIAL OF REQUEST FOR RECONSIDERATION

The complainant initiated a request to the Equal Employment Opportunity

Commission (EEOC or Commission) to reconsider the decision in Neil

O. Schiche v. Department of the Interior, EEOC Appeal No. 01A10618

(July 17, 2001). 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).

Complainant maintained that the agency breached their May 4, 1992,

settlement agreement which contained the following provisions:

1. Term one is not reproduced, as it was not an issue in dispute;

2. That complainant attend the Congressional Operations Institute

during FY 1993;

3. That complainant be nominated from the Buffalo Resources Area to

compete for Management Leadership training; and

4. That complainant's employment with the Bureau of Land Management

will remain free from retaliation by management. However, this does

not diminish supervisory or management responsibilities to address any

future performance or conduct issues.

Complainant maintained that the agency violated provisions (2) and (4) of

the settlement agreement. The previous decision found that with respect

to provision (2), waiting nearly eight years to allege noncompliance with

the settlement agreement was untimely. With respect to provision (4), the

previous decision found that complainant's complaint of reprisal regarding

his reassignment to a new duty location should have been treated as

a new complaint. It found that even assuming arguendo, that provision

(4) was related to the 1992, non-retaliation provision, we found that

complainant's contention of noncompliance with the settlement agreement

was untimely since he was notified of the reassignment in August 1999,

and did not allege noncompliance until January 2000, some five months

after the fact.

In his request for reconsideration, complainant contends that

respect to provision (2), the previous decision was correct from a

strict interpretation. He maintains that his only fault was believing

management's statements. Complainant also maintains that the previous

decision failed to address provision (3) and that with respect to

provision (4), his issues of reprisal and retaliation with respect to

his reassignment were timely.

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 since

complainant has failed to show that the appellate decision involved a

clearly erroneous interpretation of material fact or law or that the

decision will have a substantial impact on the policies, practices

or operations of the agency. Further, we find that with respect to

complainant's contentions, the record does not reveal that provision (3)

was in issue but even assuming arguendo that the matter was in issue,

waiting nearly eight years to allege noncompliance with the settlement

agreement is untimely. With respect to provision (4), complainant was

advised in the previous decision that his assertion that his reassignment

violated the settlement agreement was untimely. He was advised however

that any allegation of reprisal including the reassignment was to be

treated as a new complaint. Therefore, the decision in EEOC Appeal

No. 01A10618 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

____09-17-02______________

Date