05a50361
04-25-2005
Ira B. McMillian, Complainant, v. Norman Y. Mineta, Secretary, Department of Transportation, Agency.
Ira B. McMillian v. Department of Transportation
05A50361
04-25-05
.
Ira B. McMillian,
Complainant,
v.
Norman Y. Mineta,
Secretary,
Department of Transportation,
Agency.
Request No. 05A50361
Appeal No. 07A40088
Agency No. 2-02�2016
Hearing No. 110-2003-08460X
GRANT OF REQUEST FOR RECONSIDERATION
On its own motion,<1> the Commission reconsiders its decision in Ira
B. McMillan v. Norman Y. Mineta, Secretary, Department of Transportation,
EEOC Appeal No. 07A40088 (September 28, 2004). Paragraph (2) of the
order for relief set forth therein is hereby revised as follows:
Within sixty (60) calendar days of the date the agency receives this
decision, the agency shall give complainant a Superior Contribution
Increase - 1 Award. The agency shall determine the appropriate amount
of complainant's SCI-1 award with interest.
In all other respects, the decision in EEOC Appeal No. 07A40088
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.
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
_____04-25-05_____________
Date
1In McMillian v. Department of Transportation,
EEOC Request No. 05A50171 (December 13, 2004), the Commission denied the
agency's request for reconsideration and upheld the Administrative Judge's
(AJ's) finding of discrimination and order for relief, which included,
inter alia, a Superior Contribution Increase (SCI) of 1.8 percent.
Paragraph (2) of the order in Request No. 05A50171 originally called
for complainant to be given a SCI-2 award. Complainant subsequently
pointed out that SCI-1 corresponded to a rate of 1.8 percent, while SCI-2
corresponded to a rate of only 0.8 percent, and requested that the order
be changed to specify a SCI-1 award. In order to expeditiously resolve
this matter, the Commission docketed complainant's correspondence as a
request for reconsideration.