05a51199
11-16-2005
Douglas F. Moehle, Complainant, v. Norman Y. Mineta, Secretary, Department of Transportation, Agency.
Douglas F. Moehle v. Department of Transportation
05A51199
November 16, 2005
.
Douglas F. Moehle,
Complainant,
v.
Norman Y. Mineta,
Secretary,
Department of Transportation,
Agency.
Request No. 05A51199
Appeal No. 01A51030
Agency No. 4-04-4032
DENIAL
On August 31, 2005, Douglas F. Moehle (complainant) requested
reconsideration of the decision in Douglas F. Moehle v. Department of
Transportation, EEOC Appeal No. 01A51030 (July 26, 2005). Complainant
alleged discrimination, in violation of the Equal Pay Act of 1963, as
amended, 29 U.S.C. � 206(d) et seq., on the basis of sex (male) when
he was paid less than similarly situated female 2152 Staff Specialist
employees at the Minneapolis Air Traffic Control Center.
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).
By regulation, requests for reconsideration must be filed within thirty
(30) calendar days after the party requesting reconsideration receives our
previous decision. 29 C.F.R. �1614.407(b). Requests for reconsideration
are deemed filed on the date received by the Commission, unless postmarked
earlier.
In this case, complainant's request for reconsideration carried a postage
meter date of August 31, 2005. The record reflects that complainant
received our July 26, 2005 decision no later than July 31, 2005.<1> Thus,
complainant filed his request more than thirty calendar days after he
received the previous decision. In his request, complainant does not
offer any reason for his untimely filing. Complainant has failed to
submit adequate justification for extending the filing period beyond
thirty days. Accordingly, complainant's request for reconsideration
is untimely and is DENIED. The decision in EEOC Appeal No. 01A51030
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.
COMPLAINANT'S RIGHT TO FILE A CIVIL ACTION-EQUAL PAY ACT (Y0900)
You are authorized under section 16(b) of the Fair Labor Standards Act
(29 U.S.C. � 216(b)) to file a civil action in a court of competent
jurisdiction within two years or, if the violation is willful, three years
of the date of the alleged violation of the Equal Pay Act regardless of
whether you have pursued any administrative complaint processing. The
filing of the civil action will terminate the administrative processing
of your complaint.
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
November 16, 2005
__________________
Date
1 The Commission presumes that a decision
was received within five calendar days after it was mailed.