05a50462
03-04-2005
Alfred J. Smallwood, Complainant, v. Norman Y. Mineta, Secretary, Department of Transportation, Agency.
Alfred J. Smallwood v. Department of Transportation
05A50462
March 4, 2005
.
Alfred J. Smallwood,
Complainant,
v.
Norman Y. Mineta,
Secretary,
Department of Transportation,
Agency.
Request No. 05A50462
Appeal No. 01A50407
Agency No. DOT-2004-188251
DENIAL
Alfred J. Smallwood (complainant) timely requested reconsideration of the
decision in Alfred J. Smallwood v. Department of Transportation, EEOC
Appeal No. 01A50407 (January 18, 2005). 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(b).
Complainant's appeal was dismissed for failing to timely file his formal
complainant within fifteen (15) days of receiving the notice of the right
to do so. In his request, complainant argues that there is no mention
of the mediation efforts in his EEO counseling report and, therefore,
his complaint should be processed. The agency makes no contentions.
Complainant's contention that his complainant should be reinstated because
there is no record of the mediation attempt in the counseling report
is in error. The EEO counseling report does note that the complainant
attended mediation and that it was unsuccessful. Because confidentially
is essential to the success of all Alternative Dispute Resolution
proceedings, the mediation record should not be made part of the EEO
counselors report, only whether an attempt to resolve the complaint
was made. Equal Employment Opportunity Management Directive for 29
C.F.R. Part 1614 (EEO MD-110), 2-15 (November 9, 1999).
After reconsidering 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. 01A50407 remains the
Commission's final 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 (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:
March 4, 2005
______________________________ __________________
Carlton M. Hadden, Director Date
Office of Federal Operations