05a10137
03-23-2001
Phyllis Watson, Complainant, v. Donald H. Rumsfeld, Department of Defense (Defense Logistics Agency), Agency.
Phyllis Watson v. Department of Defense (Defense Logistics Agency)
05A10137
03-23-01
.
Phyllis Watson,
Complainant,
v.
Donald H. Rumsfeld,
Department of Defense
(Defense Logistics Agency),
Agency.
Request No. 05A10137
Appeal No. 01993608
Agency Nos. JQ-99-008; JQ-99-088B
DECISION ON REQUEST TO RECONSIDER
On December 5, 2000, Phyllis Watson (complainant) timely initiated a
request to the Equal Employment Opportunity Commission to reconsider the
decision in Phyllis Watson v. William S. Cohen, Department of Defense
(Defense Logistics Agency), EEOC Appeal No. 01993608 (November 2, 2000).
EEOC regulations provide that the Commissioners may, in their discretion,
reconsider any previous decision where the party demonstrates that:
(1) the previous decision involved a clearly erroneous interpretation
of material fact or law; or (2) the decision will have a substantial
impact on the policies, practices or operation of the agency.
29 C.F.R. � 1614.405(b). Having reviewed complainant's request,<1> we
find that the request fails to meet any of the criteria of 29 C.F.R. �
1614.405(b), and it is the decision of the Commission to deny the request.
The decision of the Commission in EEOC Appeal No. 01993608 (November 2,
2000) remains the Commission's final decision. There is no further
right of administrative appeal from a decision of the Commission on a
request for reconsideration.
STATEMENT OF COMPLAINANT'S RIGHTS - ON 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
__03-23-01________________
Date
1Complainant's signature on the Mediation
Resolution (pre-complaint) Agreement (MRA) of May 13, 1998, demonstrates
her agreement with the MRA, and, having not made a showing that the
agency breached the agreement, her subsequent formal complaint is properly
dismissed pursuant to 29 C.F.R. � 1614.107(a)(1).