0520070856
09-25-2007
Alvis N. Napier, Complainant, v. Robert M. Gates, Secretary, Department of Defense, (Army & Air Force Exchange Service), Agency.
Alvis N. Napier,
Complainant,
v.
Robert M. Gates,
Secretary,
Department of Defense,
(Army & Air Force Exchange Service),
Agency.
Request No. 0520070856
Appeal No. 0120070353
Hearing No. 350200500120X
Agency No. 4V1C04070
DENIAL
Complainant requested reconsideration of the decision in Alvis N. Napier
v. Army & Air Force Exchange Service, EEOC Appeal No. 0120070353 (December
28, 2006). 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).
In the appellate decision, complainant alleged discrimination based
on reprisal (prior EEO activity) when in 2004: (a) on February 13,
she received a letter of reprimand; (b) on April 4, she was told not
to go to the budget area; (c) on April 21, her supervisor yelled at
her for not processing forms; (d) on April 23, her supervisor issued
her a memorandum of record that she was not performing her duties; (e)
on April 26, her job duties as an alternate civilian pay technician were
removed; and (f) on May 17, she was issued an unsatisfactory evaluation.
An EEOC Administrative Judge (AJ) issued a summary judgment decision
finding no discrimination. The agency fully implemented the decision.
On appeal, the Commission affirmed the finding of no discrimination.
The Commission has decided to dismiss complainant's request as untimely.
The appellate decision was issued on December 28, 2006. If we assume
that she received it within five days, complainant should have received
it by January 3, 2007. Complainant did not file the present request
for reconsideration until August 17, 2007, which is some 200 plus days
after its due date. We also note that complainant presented no argument
that suggested that extenuating circumstances prevented her from filing
within 30 days of receipt of the EEOC decision. Further, it appears that
complainant in her request for reconsideration is attempting to add the
issue of termination from the agency to her argument. Since this issue
was not addressed in her initial complaint it will not be considered
at this time. Accordingly, the decision in EEOC Appeal No. 0120070353
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:
______________________________
Carlton M. Hadden, Director
Office of Federal Operations
____9/25/07______________
Date
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0520070856
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P. O. Box 19848
Washington, D.C. 20036
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0520070856