05A30615
05-29-2003
Jimmie L. Miller, Complainant, v. Anthony J. Principi, Secretary, Department of Veterans Affairs, Agency.
Jimmie L. Miller v. Department of Veterans Affairs
05A30615
May 29, 2003
.
Jimmie L. Miller,
Complainant,
v.
Anthony J. Principi,
Secretary,
Department of Veterans Affairs,
Agency.
Request No. 05A30615
Appeal No. 01A23179
Agency No. 200L2067
DENIAL OF REQUEST FOR RECONSIDERATION
Jimmie L. Miller (complainant) timely initiated a request to the Equal
Employment Opportunity Commission (EEOC or Commission) to reconsider
the decision in Jimmie L. Miller v. Department of Veterans Affairs, EEOC
Appeal No. 01A23179 (March 18, 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 his request for reconsideration, complainant alleges that the
Commission's decision failed to include a discussion concerning a fax
complainant sent to the Office of Federal Operations on March 19, 2003,
alleging that the agency breached a settlement agreement. It is unclear
from the record to which settlement agreement complainant is referring.
We note that where a complainant alleges that the agency has breached
a settlement agreement, complainant shall notify the EEO Director
in writing, of the alleged noncompliance within 30 days of when the
complainant knew or should have known of the alleged noncompliance.
29 C.F.R. � 1614.504(a). Complainant may request that the terms of
settlement agreement be specifically implemented or, alternatively, that
the complaint be reinstated for further processing from the point the
processing ceased. Id. If the agency has not responded to complainant
in writing, or if complainant is not satisfied with the agency's attempt
to resolve the matter, complainant may file an appeal to the Commission
for a determination of whether the agency has complied with the terms
of the settlement agreement. 29 C.F.R. � 1614.504(b). Complainant may
file such an appeal 35 days after he has served the agency with the
allegations of noncompliance, but must file an appeal within 30 days of
his receipt of an agency's determination. Id. Complainant must serve
a copy of the appeal on the agency and the agency may submit a response
to the Commission within 30 days of receiving notice of appeal. Id.
There is nothing in the record to establish that complainant has complied
with these initial requirements. Further, we note that the request for
reconsideration is not a second appeal and the Commission will only
reconsider prior decisions that meet the strict requirements of 29
C.F.R. � 1614.405(b).
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. 01A23179 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