05a20463_0760
08-21-2002
Donald Snook, Complainant, v. Thomas E. White, Secretary, Department of the Army, Agency.
Donald Snook v. Department of the Army
05A20463, 05A20760
August 21, 2002
.
Donald Snook,
Complainant,
v.
Thomas E. White,
Secretary,
Department of the Army,
Agency.
Request Nos. 05A20463
05A20760
Appeal Nos. 01A05116
01A21017
Agency Nos. AHBBFO9811I0080
AHBBFO0101B0040
Hearing No. 120-99-6700X
DENIAL OF REQUEST FOR RECONSIDERATION
Donald Snook (complainant) timely initiated requests to the Equal
Employment Opportunity Commission (EEOC or Commission) to reconsider
the decisions in Donald Snook v. Department of the Army, EEOC Appeal
No. 01A05116 (March 15, 2001) and Donald Snook v. Department of the Army,
EEOC Appeal No. 01A21017 (May 15, 2002). 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).
After a review of complainant's requests for reconsideration, the previous
decisions, and the entire records of both cases, the Commission finds that
the requests fail to meet the criteria of 29 C.F.R. � 1614.405(b), and it
is the decision of the Commission to deny the requests. The decisions
in EEOC Appeal Nos. 01A05116 and 01A21017 remain the Commission's final
decisions. There are no further rights of administrative appeals on
the decisions of the Commission on these requests 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
August 21, 2002
__________________
Date