05990528
05-11-2001
Henry Jacobs, Sr., David L. Dollison, Sr., and Geronimo C. Cruz Complainants, v. Robert B. Pirie, Jr., Acting Secretary, Department of the Navy, Agency.
Henry Jacobs, Sr., et. al. v. Department of the Navy
05990528, et. al.
May 11, 2001
.
Henry Jacobs, Sr., David L. Dollison, Sr.,
and Geronimo C. Cruz
Complainants,
v.
Robert B. Pirie, Jr.,
Acting Secretary,
Department of the Navy,
Agency.
Request Nos. 05990528; 05990529; 05990530
Appeal Nos. 01974682; 01974572; 01974646
Agency Nos. 94-65888-042; 94-65888-038; 94-65888-049
Hearing No. 340-95-X3410; 340-95-X3411; 340-95-X3412
DENIAL OF REQUEST FOR RECONSIDERATION
The complainants initiated a request to the Equal Employment Opportunity
Commission (EEOC or Commission) to reconsider the decision in Henry
Jacobs, Sr., et. al. v. Department of the Navy, EEOC Appeal No. 01974682,
et. al. (March 1, 1999). 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).
After a review of the complainants' 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 Henry Jacobs, Sr., et. al. v. Department of the Navy, EEOC Appeal
No. 01974682, et. al. (March 1, 1999) 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 11, 2001
__________________
Date