05A30734
05-29-2003
Emil Balusek, Complainant, v. Anthony J. Principi, Secretary, Department of Veterans Affairs, Agency.
Emil Balusek v. Department of Veterans Affairs
05A30734
May 29, 2003
.
Emil Balusek,
Complainant,
v.
Anthony J. Principi,
Secretary,
Department of Veterans Affairs,
Agency.
Request No. 05A30734
Appeal No. 01A30972
Agency No. 2003-1043
Hearing No. 360-A1-8103X
DENIAL OF REQUEST FOR RECONSIDERATION
Emil Balusek (complainant) timely initiated a request to the Equal
Employment Opportunity Commission (EEOC or Commission) to reconsider
the decision in Emil Balusek v. Department of Veterans Affairs, EEOC
Appeal No. 01A30972 (March 24, 2003). EEOC Regulations provide that the
Commission may, in its discretion, 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 underlying complaint, complainant contended that he was
discriminated against on the bases of sex (male) and age (57 years
old) when in April 2000 he was not selected for the position of GS-14,
Supervisory Business Manager. The EEOC Administrative Judge issued
a decision finding no sex or age discrimination. The agency's final
order (FAD) accepted and fully implemented the AJ's decision and our
prior appellate decision affirmed the agency's FAD. In his request for
reconsideration, complainant essentially repeats the arguments presented
on appeal and contends that, insofar as the Commission's prior decision
found such arguments to be unpersuasive, the prior decision contained
clearly erroneous interpretations of law and it will have a substantial
impact on the policies, practices, or operations of the agency.
After a review of complainant's request for reconsideration, 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. 01A30972 remains the Commission's final decision. There is no
further right of administrative appeal on the decision of the Commission
on this request for reconsideration.
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
May 29, 2003
__________________
Date