0520170080
03-02-2017
Otis H.,1 Complainant, v. John F. Kelly, Secretary, Department of Homeland Security (U.S. Coast Guard), Agency.
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
Otis H.,1
Complainant,
v.
John F. Kelly,
Secretary,
Department of Homeland Security
(U.S. Coast Guard),
Agency.
Request No. 0520170080
Appeal No. 0120142030
Agency No. HS-USCG-00331-2014
DECISION ON REQUEST FOR RECONSIDERATION
Complainant requested reconsideration of the decision in EEOC Appeal No. 0120142030 (November 4, 2016). 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(c). For the reasons that follow, Complainant's request is DENIED.
This matter initially came before the Commission when the Agency dismissed Complainant's complaint as untimely filed. The Commission affirmed the Agency's finding. Specifically, the Commission held that:
[Complainant's] attorney acknowledged that the complaint was filed late because he had technical difficulties with his electronic mail system during the last day to file the complaint. Complainant provides no explanation as to why he or [his] attorney was unable to mail his complaint via regular mail instead of electronic mail.
In his request for reconsideration, Complainant argues that he did not send the file via regular mail because the two closest post offices were already closed for the day. Complainant offers evidence to support his contention.
Complainant is reminded 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 (EEO MD-110) (rev. Nov. 9, 1999), at 9-17; see, e.g., Lopez v. Dep't of Agriculture, EEOC Request No. 0520070736 (Aug. 20, 2007). Rather, a reconsideration request is an opportunity to demonstrate that the previous decision involved a clearly erroneous interpretation of material fact or law; or (2) will have a substantial impact on the policies, practices, or operations of the Agency. We find that Complainant has not met the criteria for reconsideration. Among other things, he has not shown that the prior decision clearly erred because its findings were based on the evidence that was available at the time. Complainant, we note, did not explain why he did not offer evidence regarding the post offices being closed when he filed his appeal.
After reviewing 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(c), and it is the decision of the Commission to deny the request. The decision in EEOC Appeal No. 0120142030 remains the Commission's 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 (P0610)
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 (Z0815)
If you want to file a civil action but cannot pay the fees, costs, or security to do so, you may request permission from the court to proceed with the civil action without paying these fees or costs. Similarly, if you cannot afford an attorney to represent you in the civil action, you may request the court to appoint an attorney for you. You must submit the requests for waiver of court costs or appointment of an attorney directly to the court, not the Commission. The court has the sole discretion to grant or deny these types of requests. Such requests do not alter the
time limits for filing a civil action (please read the paragraph titled Complainant's Right to File a Civil Action for the specific time limits).
FOR THE COMMISSION:
______________________________ Carlton M. Hadden's signature
Carlton M. Hadden, Director
Office of Federal Operations
_3/2/17_________________
Date
1 This case has been randomly assigned a pseudonym which will replace Complainant's name when the decision is published to non-parties and the Commission's website.
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