05980230
11-09-2000
Jacqueline L. Spriggs, Complainant, v. Louis Caldera, Secretary, Department of the Army, Agency.
Jacqueline L. Spriggs v. Department of the Army
05980230
November 9, 2000
.
Jacqueline L. Spriggs,
Complainant,
v.
Louis Caldera,
Secretary,
Department of the Army,
Agency.
Request No. 05980230
Appeal No. 01971480
Agency No. BGBFF09607G0230
DENIAL OF REQUEST FOR RECONSIDERATION
Complainant initiated a request to the Equal Employment Opportunity
Commission (EEOC or Commission) to reconsider the decision in Jacqueline
L. Spriggs v. Department of the Army, EEOC Appeal No. 01971480
(December 4, 1997). 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).
With regard to claim (4) of complainant's complaint, concerning her
learning of her coworker being granted leave in June 1996, when her
request for leave was previously denied, the Commission previously
affirmed the agency's decision dismissing the subject matter for failure
to bring the matter to the attention of an EEO Counselor. See 29 C.F.R. �
1614.107(a)(2). After a review of the record, the Commission, however,
finds that complainant did actually raise the subject matter during EEO
counseling on August 3, 1996. Nevertheless, the Commission finds that
claim (4) is merely new evidence in support of a portion of claim (1),
concerning the denial of leave from November 1993 through June 1994,
which was dismissed due to untimely EEO Counselor contact. It is noted
that complainant did not allege that she was denied her request for
leave anytime after June 1994. Based on the foregoing, the Commission
finds that claim (4) fails to state a separate processable claim under
the regulations, and it was properly dismissed by the agency. See 29
C.F.R. � 1614.107(a)(1).
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. 01971480 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
November 9, 2000
__________________
Date