05A31184
09-22-2003
Robert Levangie, Complainant, v. Hansford T. Johnson, Acting Secretary, Department of the Navy, Agency.
Robert Levangie v. Department of the Navy
05A31184
September 22, 2003
.
Robert Levangie,
Complainant,
v.
Hansford T. Johnson,
Acting Secretary,
Department of the Navy,
Agency.
Request No. 05A31184
Appeal No. 01A22226
Agency Nos. DON 99-00250-012, DON 00-39228-002
Hearing No. 120-A0-3231X
DENIAL OF REQUEST FOR RECONSIDERATION
Robert Levangie (complainant) timely initiated a request to the Equal
Employment Opportunity Commission (EEOC or Commission) to reconsider
the decision in Robert Levangie v. Department of the Navy, EEOC Appeal
No. 01A22226 (July 16, 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 underlying complaint, complainant alleged that the agency
discriminated against him in violation of the Age Discrimination in
Employment Act of 1967 (ADEA), as amended, 29 U.S.C. � 621 et seq.
Complainant requested a hearing. An EEOC Administrative Judge (AJ) issued
a decision without a hearing, finding no discrimination. The agency
adopted the AJ's decision. On appeal, the Commission determined that
the AJ's finding of no discrimination without a hearing was appropriate.
In his request for reconsideration, complainant reiterates facts already
in the record. We remind complainant that a �request for reconsideration
is not a second appeal to the Commission.� Equal Employment Opportunity
Management Directive for 29 C.F.R. Part 1614, at 9-17 (rev. November
9, 1999). 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. 01A22226 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
September 22, 2003
__________________
Date