05a41004
11-04-2004
Sandra C. Williams and Marian M. Battle, Complainants, v. R.L. Brownlee, Acting Secretary, Department of the Army, Agency.
Sandra C. Williams and Marian M. Battle v. Department of the Army
05A41003 and 05A41004
November 4, 2004
.
Sandra C. Williams and Marian M. Battle,
Complainants,
v.
R.L. Brownlee,
Acting Secretary,
Department of the Army,
Agency.
Request Nos. 05A41003
05A41004<1>
Appeal Nos. 01A35296, 01A35153
Agency Nos. ARCEMEM03MAR0065, ARCEMEM03MAR0058
DENIAL OF REQUEST FOR RECONSIDERATION
The Department of the Army (agency) timely initiated a request to the
Equal Employment Opportunity Commission (EEOC or Commission) to reconsider
the decision in Sandra C. Williams and Marian M. Battle v. Department
of the Army, EEOC Appeal Nos. 01A35296 and 01A35153 (June 9, 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).
After a review of the agency'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 Nos. 01A35296 and 01A35153 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.
ORDER
The agency is ORDERED to take the following action:
1. The agency shall meet with complainants to determined whether their
claim involves the denial of official time solely to complainants'
representative or the denial of official time to both complainants and
their representative;
2. The agency shall investigate the issue of whether complainants'
representative and complainants, if applicable, were denied a reasonable
amount of official time with regard to complainants' EEO activity.
The investigations shall not address whether such an alleged denial
was discriminatory, but shall only address whether the agency violated
29 C.F.R. � 1614.605(b). The agency shall include in the record
documentation showing how much time was requested, for what stated
purposes, how much time was granted, and the justitification for the
denial of any requested time;
3. The agency shall notify complainants of the opportunity to place into
the record any evidence supporting their claim that they, if applicable,
and their representative were denied a reasonable amount of official
time; and
4. The agency, within 30 calendar days of the date this decision becomes
final, shall issue a decision as to whether complainants, if applicable,
and their representative were denied a reasonable amount of official time.
The agency's decision shall provide appeal rights to the Commission.
A copy of the decision must be sent to the Compliance Officer as
referenced below.
IMPLEMENTATION OF THE COMMISSION'S DECISION (K0501)
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)
(1994 & Supp. IV 1999). 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.
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
November 4, 2004
__________________
Date
1In the prior request for reconsideration (EEOC Request No. 05A41103),
the Commission inadvertently omitted a docket number identified as
EEOC Request No. 05A41104. Thus, it does not affect our disposition in
this case.