05a00097
02-29-2000
William M. Bailey, Sr., Complainant, v. Togo D. West, Jr., Secretary, Department of Veterans Affairs, Agency.
William M. Bailey, Sr. v. Department of Veterans Affairs
05A00097
February 29, 2000
William M. Bailey, Sr., )
Complainant, )
) Request No. 05A00097
v. ) Appeal No. 01980859
)
Togo D. West, Jr., )
Secretary, )
Department of Veterans Affairs, )
Agency. )
____________________________________)
DENIAL OF REQUEST FOR RECONSIDERATION
On October 16, 1999, William M. Bailey, Sr.(complainant) initiated
a request to the Equal Employment Opportunity Commission (EEOC)
to reconsider the decision in William M. Bailey, Sr. v. Department
of Veterans Affairs, EEOC Appeal No. 01980859 (July 6, 1999).<1>
EEOC Regulations provide that the Commission may, in its discretion,
reconsider any previous decision. 29 C.F.R. � 1614.405(b).
A request for reconsideration must be filed within 30 days of receipt of
the previous appellate decision. 29 C.F.R. � 1614.405(b). A request is
timely filed if delivered in person or postmarked before the expiration
of the applicable filing period. 29 C.F.R. � 1614.604(b).
Assuming complainant received the previous decision within five days
of its issuance, the request for reconsideration is 90 days past
the approximate receipt of the previous decision. Not only did the
previous decision include a statement of rights informing complainant of
the applicable time limit, it specifically advised complainant that,
if extenuating circumstances prevented the timely filing of a request,
he had to submit with his request a written statement setting forth the
circumstances which caused the delay and any supporting documentation. In
this case, complainant has submitted nothing that would justify tolling
the applicable time limitations period. Accordingly, we find that his
request for reconsideration is untimely. The Commission's decision in EEOC
Appeal No. 01980859 (July 6, 1999) remains the Commission's final decision
in this matter. 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 (P1199)
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:
February 29, 2000
DATE Carlton M. Hadden, Acting Director
Office of Federal Operations
CERTIFICATE OF MAILING
For timeliness purposes, the Commission will presume that this decision
was received within five (5) calendar days after it was mailed. I certify
that this decision was mailed to complainant, complainant's representative
(if applicable), and the agency on:
_____________
Date
________________________
Equal Employment Assistant
1On November 9, 1999, revised regulations governing the EEOC's federal
sector complaint process went into effect. These regulations apply to all
federal sector EEO complaints pending at any stage in the administrative
process. Consequently, the Commission will apply the revised regulations
found at 64 Fed. Reg. 37,644 (1999), where applicable, in deciding the
present appeal. The regulations, as amended, may also be found at the
Commission's website at WWW.EEOC.GOV.