05A10826
04-24-2002
Request No. 05A10826
Pauline M. Dickerson v. Department of Agriculture
05A10826
April 24, 2002
.
Pauline M. Dickerson,
Claimant,
v.
Ann M. Veneman,
Secretary,
Department of Agriculture,
Agency.
Request No. 05A10826
Appeal No. 01A02317
Agency No. 870807
Hearing No. 170-99-8043X
DENIAL OF REQUEST FOR RECONSIDERATION
The claimant initiated a request to the Equal Employment Opportunity
Commission (EEOC or Commission) to reconsider the decision in Pauline
M. Dickerson v. Department of Agriculture, EEOC Appeal No. 01A02317
(May 31, 2001). Claimant alleged that she was entitled to relief under
the terms of an October 1993 class action settlement and an EEOC Order
implementing it.<1> 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).
The basis of the instant request is claimant's assertion that she is
entitled to additional retroactive promotion, beyond that awarded in
our previous decision. Specifically, claimant suggests that she in
entitled to promotion to the GS-475-11 grade. However, as explained in
our previous decision, claimant must establish her entitlement to such a
competitive promotion by preponderant evidence. There was not, nor is
their now, sufficient evidence in the record for claimant to meet this
burden. After a review of the claimant'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. 01A02317 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.
ORDER
The parties must comply with our ORDER as contained in Pauline
M. Dickerson v. Department of Agriculture, EEOC Appeal No. 01A02317
(May 31, 2001), outlined again below:
(1) The agency shall issue a check to claimant for the appropriate amount
of back pay and other benefits such as appropriate within-grade increases,
career ladder promotions, recalculation of retirement (but not interest)
under 29 C.F.R. �1614.501 which claimant would have received had she
been placed in the position of Agricultural Management Specialist,
GS-475-5 in Salisbury, Maryland on January 4, 1987. The agency shall
complete these actions no later than 90 calendar days of the date this
decision becomes final. Claimant shall cooperate in the agency's efforts
to compute the amount of back pay and benefits due, and provide all
necessary information the agency requests to help it comply.
(2) If there is a dispute about the amount of back pay or other benefits
due, the agency shall issue a check to claimant for the undisputed
amount within 90 calendar days of the date this decision becomes final.
Claimant may petition for enforcement or clarification of the amount in
dispute. The petition for clarification or enforcement shall be filed
with the Compliance Officer, at the address referenced in the paragraph
entitled "Implementation of the Commission's Decision."
The agency is further directed to submit a report of compliance, as
provided in the paragraph entitled "Implementation of the Commission's
Decision." The report shall include supporting documentation of
the agency's calculation of back pay and other benefits due claimant,
including evidence that the corrective action has been implemented. The
agency shall send a copy of this report, together with any attachments
and enclosures, to claimant.
CLAIMANT'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
April 24, 2002
Date
1The Order was made in Mitchell, et al. v. Department of Agriculture,
EEOC Appeal No. 01960816 (July 3, 1997). It was clarified in Mitchell,
et al. v. Department of Agriculture, EEOC Petition No. 04970021 (December
4, 1997).