0520120241
04-18-2012
Burnia Guice, Complainant, v. Eric K. Shinseki, Secretary, Department of Veterans Affairs, Agency.
Burnia Guice,
Complainant,
v.
Eric K. Shinseki,
Secretary,
Department of Veterans Affairs,
Agency.
Request No. 0520120241
Appeal No. 0120112414
Agency No. 200I-0619-2011100863
DENIAL
Complainant timely requested reconsideration of the decision in Burnia Guice v. Department of Veterans Affairs, EEOC Appeal No. 0120112414 (November 30, 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: The previous decision affirmed the Agency's dismissal of Complainant's complaint on the grounds that she sought EEO counseling in an untimely manner. The previous decision noted Complainant's contention that she first sought resolution of her claims through her chain of command, her union and her elected official. In her request for reconsideration, Complainant, who did not submit a brief on appeal, argued for the first time that she "was not aware at the time of filing my complaint of the time limit."
We remind Complainant that 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. At the outset, we note that Complainant's contention that she was not aware of the 45-day time limitation period for contacting an EEO counselor was raised for the first time in her request for reconsideration. The Commission has consistently held that arguments raised for the first time on request for reconsideration cannot be considered at this stage of the proceedings. Choates v. Federal Deposit Insurance Corporation, EEOC Request No. 05970012 (May 21, 1998); Calloway v. Dep't of the Army, EEOC Request No. 05930911 (Mar. 17, 1994); Stiles v. Dep't of Transportation, EEOC Request No. 05940525 n.4 (Feb. 9, 1994); Valverde v. Dep't of Agriculture, EEOC Request No. 05900961 (Oct. 19, 1990).
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. 0120112414 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
__4/18/12________________
Date
2
0520120241
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
2
0520120241