05990079
06-17-1999
Bonnie J. (Brossart) Appellant, v. Louis Caldera, Secretary, Department of the Air Force, Agency.
Bonnie J. (Brossart) Meland v. Department of the Air Force
05990079
June 17, 1999
Bonnie J. (Brossart) Meland,<1> )
Appellant, )
)
v. ) Request No. 05990079
) Appeal No. 01980387
Louis Caldera, ) Agency No. AL900980053
Secretary, )
Department of the Air Force, )
Agency. )
________________________________)
DENIAL OF REQUEST FOR RECONSIDERATION
On September 16, 1998,<2> Bonnie J. Meland (appellant) timely initiated
a request to the Equal Employment Opportunity Commission (EEOC) to
reconsider the decision in Brossart v. Department of the Air Force,
EEOC Appeal No. 01980387 (September 24, 1998). EEOC Regulations
provide that the Commissioners may, in their discretion, reconsider
any previous Commission decision. 29 C.F.R. �1614.407(a). The party
requesting reconsideration must submit written argument or evidence
which tends to establish one or more of the following three criteria:
29 C.F.R. �1614.407(c)(1) (new and material evidence is available that
was not readily available when the previous decision was issued); 29
C.F.R. �1614.407(c)(2) (the previous decision involved an erroneous
interpretation of law, regulation or material fact, or misapplication
of established policy); and 29 C.F.R. �1614.407(c)(3) (the previous
decision is of such exceptional nature as to have substantial precedential
implications). Appellant's request is denied.
After a review of appellant's request for reconsideration, the previous
decision, and the entire record, the Commission finds appellant's request
does not meet the criteria of 29 C.F.R. �1614.407(c), and it is the
decision of the Commission to deny appellant's request. The decision
of the Commission in Appeal No. 01980387 remains the Commission's final
decision. There is no further right of administrative appeal from the
decision of the Commission on this request for reconsideration.
RIGHT TO FILE A CIVIL ACTION (P0993)
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.
It is the position of the Commission that 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.
You should be aware, however, that courts in some jurisdictions have
interpreted the Civil Rights Act of 1991 in a manner suggesting that
a civil action must be filed WITHIN THIRTY (30) CALENDAR DAYS from the
date that you receive this decision. To ensure that your civil action
is considered timely, you are advised to file it WITHIN THIRTY (30)
CALENDAR DAYS from the date that you receive this decision or to consult
an attorney concerning the applicable time period in the jurisdiction
in which your action would be filed. 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 (Z1092)
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:
June 17, 1999
_______________ ______________________________
Date Frances M. Hart
Executive Officer
Executive Secretariat
1Appellant has changed her name since the issuance of the previous decision.
2The record indicates appellant corresponded with the Commission on
September 16, 1998, seeking information about filing a civil action. The
Commission responded to her letter on October 1, 1998. On October
15, 1998, appellant responded that she intended to file a request for
reconsideration. Because appellant's initial contact with the Commission
was within the regulatory time frame, the Commission exercises its
discretion and finds her request was timely filed.