05980844
01-08-2001
Robert F. Marshall, Complainant, v. Louis Caldera, Secretary, Department of the Army, Agency.
Robert F. Marshall v. Department of the Army
05980844
January 8, 2001
.
Robert F. Marshall,
Complainant,
v.
Louis Caldera,
Secretary,
Department of the Army,
Agency.
Request No. 05980844
Appeal No. 01972052
Agency No. BDDW9611G0560
DISMISSAL OF REQUEST FOR RECONSIDERATION
On June 2, 1998, the agency initiated a request to the Equal Employment
Opportunity Commission (the Commission) to reconsider the decision in
Robert F. Marshall v. Department of the Army, EEOC Appeal No. 01972052
(April 22, 1998). The agency received the decision on April 24,
1998. EEOC regulations provide that a party seeking reconsideration
must file its request within thirty days of receipt of the previous
decision. 29 C.F.R. �1614.407(b). Here, the agency's request was filed
beyond the applicable time period. Accordingly, the agency's request
is untimely. The decision in EEOC Appeal No. 01972052 remains the
Commission's final decision in this matter. There is no further right
of administrative appeal on the decision of the Commission on this
request for reconsideration. The agency's request for reconsideration
is hereby DISMISSED.
ORDER
The agency is ORDERED to contact the Office of Personnel Management
and jointly process complainant's complaint. The agency shall complete
the initial contact with the Office of Personnel Management and begin
joint processing of this case within thirty (30) days of the date this
decision becomes final. The agencies are ORDERED to process the claims
in accordance with 29 C.F.R. � 1614.108. The agency shall issue to
complainant a copy of the jointly processed investigative file and also
shall notify complainant of the appropriate rights within one hundred and
fifty (150) calendar days of the date this decision becomes final, unless
the matter is otherwise resolved prior to that time. If complainant
requests a final decision without a hearing, the agency shall issue a
final decision within sixty (60) days of receipt of complainant's request.
A copy of the agency's letter of acknowledgment to complainant and a
copy of the notice that transmits the investigative file and notice of
rights must be sent to the Compliance Officer as referenced below.
IMPLEMENTATION OF THE COMMISSION'S DECISION (K0900)
Compliance with the Commission's corrective action is mandatory.
The agency shall submit its compliance report within thirty (30)
calendar days of the completion of all ordered corrective action. The
report shall be submitted to the Compliance Officer, Office of Federal
Operations, Equal Employment Opportunity Commission, P.O. Box 19848,
Washington, D.C. 20036. The agency's report must contain supporting
documentation, and the agency must send a copy of all submissions to
the complainant. If the agency does not comply with the Commission's
order, the complainant may petition the Commission for enforcement of
the order. 29 C.F.R. � 1614.503(a). The complainant also has the right
to file a civil action to enforce compliance with the Commission's order
prior to or following an administrative petition for enforcement. See 29
C.F.R. �� 1614.407, 1614.408, and 29 C.F.R. � 1614.503(g). Alternatively,
the complainant has the right to file a civil action on the underlying
complaint in accordance with the paragraph below entitled "Right to File
A Civil Action." 29 C.F.R. �� 1614.407 and 1614.408. A civil action
for enforcement or a civil action on the underlying complaint is subject
to the deadline stated in 42 U.S.C. � 2000e-16(c)(Supp. V 1993). If the
complainant files a civil action, the administrative processing of the
complaint, including any petition for enforcement, will be terminated.
See 29 C.F.R. � 1614.409.
COMPLAINANT'S RIGHT TO FILE A CIVIL ACTION (R0900)
This is a decision requiring the agency to continue its administrative
processing of your complaint. However, if you wish to file a civil
action, you have the right to file such action in an appropriate United
States District Court within ninety (90) calendar days from the date
that you receive this decision. In the alternative, you may file a
civil action after one hundred and eighty (180) calendar days of the date
you filed your complaint with the agency, or filed your appeal with the
Commission. 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. Filing a civil
action will terminate the administrative processing of your complaint.
COMPLAINANT'S RIGHT TO FILE A CIVIL ACTION - EQUAL PAY ACT
You are authorized under Section 16(b) of the Fair Labor Standards Act
(29 U.S.C. � 216(b)) to file a civil action in a cour of competent
jurisdiction WITHIN TWO YEARS or, if the violation is willful, THREE YEARS
of the date of the alleged violation of the Equal Pay Act regardless of
whether you have pursued any administrative complaint processing. If you
file a request to reconsider and also file a civil action, filing a civil
action will terminate the administrative processing of your complaint.
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
January 8, 2001
__________________
Date