0520120342
06-28-2012
Archie L. Wall, Complainant, v. Eric K. Shinseki, Secretary, Department of Veterans Affairs, Agency.
Archie L. Wall,
Complainant,
v.
Eric K. Shinseki,
Secretary,
Department of Veterans Affairs,
Agency.
Request No. 0520120342
Appeal No. 0120110072
Agency No. 200J05562009104445
DENIAL
Complainant requested reconsideration of the decision in Archie L. Wall v. Department of Veterans Affairs, EEOC Appeal No. 0120110072 (December 23, 2011). 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).
The facts and procedural background are set forth in the previous decision and are incorporated herein by reference. We note the following salient facts: Complainant was removed from his position as a Gardener at the Agency's Department of Veterans Affairs Medical Center in Chicago, Illinois. Complainant's removal was based on alleged inappropriate conduct in the workplace that occurred on January 9, 2009. He filed an EEO complaint alleging discrimination based on race and reprisal. After an Agency investigation, the Agency issued a final decision finding no discrimination. The previous decision affirmed the Agency.
In a document that was received on February 8, 2012, Complainant contacted his Senator and provided a copy of our previous decision. In the narrative of the document, Complainant explained that he was unjustly removed and wanted his job back. He also provided copies of a police report, statements and other documents. He also indicated that, "this was never about discrimination, they went back in my record 10 years[.]" Complainant did not specifically reference the previous decision or its findings and conclusions. On February 10, 2012, Complainant's Senator contacted the Commission and requested that we "look[ ] into this matter ...." Subsequently, Complainant's Senator was advised that his February 10, 2012 letter on Complainant's behalf would be docketed as a request for reconsideration.
The Agency opposes reconsideration of the previous decision.
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. 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. Here, we find no evidence that Complainant has met the criteria for reconsideration. Our review of the previous decision indicates that the determination that Complainant failed to establish that he was discriminated against based on his race or in reprisal was correct.
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(b), and it is the decision of the Commission to deny the request. The decision in EEOC Appeal No. 0120110072 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 (Z0610)
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 from the Court that the Court appoint an attorney to represent you and that the Court also 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
with the Court 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
_6/28/12_________________
Date
2
0520120342
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
2
0520120342