05A00320
08-28-2000
James E. Carney, Complainant, v. Hershel W. Gober, Acting Secretary, Department of Veterans Affairs, Agency.
James E. Carney v. Department of Veterans Affairs
05A00320
August 28, 2000
.
James E. Carney,
Complainant,
v.
Hershel W. Gober,
Acting Secretary,
Department of Veterans Affairs,
Agency.
Request No. 05A00320
Appeal No. 01973488
DENIAL OF REQUEST FOR RECONSIDERATION
A request was initiated to the Equal Employment Opportunity Commission
(EEOC or Commission) to reconsider the decision in James E. Carney
v. Department of Veterans Affairs, EEOC Appeal No. 01973488 (December
8, 1999).<1> EEOC Regulations provide that the Commission may, in its
discretion, grant a party's request to reconsider a decision issued under
the regulation set forth at 64 Fed. Reg. 37,644, 37,659 (1999) (to be
codified as 29 C.F.R. �1614.405(a)), if the party demonstrates that:
the appellate decision involved a clearly erroneous interpretation of
material fact or law; or
the appellate decision will have a substantial impact on the policies,
practices, or operations of the agency.
See 64 Fed. Reg. 37,644, 37,659 (1999) (to be codified and hereinafter
referred to as 29 C.F.R. � 1614.405(b)).
After a review of the 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. 01973488 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.<2>
COMPLAINANTS' RIGHT TO FILE A CIVIL ACTION (P0400)
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
August 28, 2000
__________________
Date
1On November 9, 1999, revised regulations governing the EEOC's federal
sector complaint process went into effect. These regulations apply to all
federal sector EEO complaints pending at any stage in the administrative
process. Consequently, the Commission will apply the revised regulations
found at 64 Fed. Reg. 37,644 (1999), where applicable, in deciding the
present appeal. The regulations, as amended, may also be found at the
Commission's website at www.eeoc.gov.
2 The Commission further notes that the request for reconsideration,
as well as the underlying appeal, were filed not by complainant, but by
complainant's representative, who is a union steward and a certified
paralegal. Since this representative did not file on behalf of the
complainant, he is not a proper party and has no standing to file the
instant request for reconsideration.