05990677_r
05-11-2001
Rosette L. Altobelli, Complainant, v. Gregory R. Dahlberg, Acting Secretary, Department of the Army, Agency.
Rosette L. Altobelli v. Department of the Army
05990677
May 11, 2001
.
Rosette L. Altobelli,
Complainant,
v.
Gregory R. Dahlberg,
Acting Secretary,
Department of the Army,
Agency.
Request No. 05990677
Appeal No. 01982961
Agency No. AUFSFO9804I0090
DENIAL OF REQUEST FOR RECONSIDERATION
The complainant initiated a request to the Equal Employment Opportunity
Commission (EEOC or Commission) to reconsider the decision in Rosette
L. Altobelli v. Department of the Army, EEOC Appeal No. 01982961
(April 2, 1999). 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).
Complainant, through her attorney, argues that she timely contacted
a counselor by sending her copies of letters addressed to her union
representative. Complainant further contends that she frequently spoke
to EEO Officials on the telephone during the filing period, and sent
an October 28, 1994 letter to an EEO Counselor, requesting to file
a complaint.
The letters addressed to complainant's union representative do not
establish counselor contact for purposes of filing an EEO complaint.
Further, the October 28, 1994 letter appears to have been sent to
complainant's union representative, not an EEO Counselor. In an
affidavit, an EEO Official admits to speaking with complainant, but
contends that complainant never exhibited any intent to begin the EEO
process. To the contrary, the EEO Official claims that complainant
repeatedly denied any such intent, preferring to pursue the matter
through the union grievance procedure. Therefore the Commission finds
no clearly erroneous interpretation of material fact.
After a review of the 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. 01982961 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 11, 2001
__________________
Date