05990335_r
05-02-2001
Anthony J. Gallo, Complainant, v. Elaine Chao, Secretary, Department of Labor, Agency.
Anthony J. Gallo v. Department of Labor
05990335
May 2, 2001
.
Anthony J. Gallo,
Complainant,
v.
Elaine Chao,
Secretary,
Department of Labor,
Agency.
Request No. 05990335
Appeal No. 01972888
Agency No. 7-02-029
DENIAL OF REQUEST FOR RECONSIDERATION
The complainant initiated a request to the Equal Employment Opportunity
Commission (EEOC or Commission) to reconsider the decision in Anthony
J. Gallo v. Department of Labor, EEOC Appeal No. 01972888 (December
21, 1998). 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).
On December 18, 1996, complainant filed an EEO complaint claiming that
he was discriminated against in reprisal for prior protected activity
when the Regional Civil Rights Officer in New York refused to accept
and forward his formal complaints. The agency issued a decision,
on January 23, 1997, dismissing the complaint for failure to state
a claim. The agency determined that complainant had not �not raised
a discrimination claim about an employment matter, but rather, about
the processing of a discrimination complaint.� Moreover, the agency
noted that complainant and his representative were familiar with the EEO
process but, rather than follow the established procedure, they insisted
on filing the instant complaint. Complainant filed an appeal from this
decision, and the Commission affirmed the dismissal.
In his Request for Reconsideration (RTR), complainant argues that the
Commission failed to provide a rationale for its decision; categorizes
the instant complaint as a �group complaint;� and makes statements with
respect to his other appeals currently before the Commission.
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. 01972888 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 2, 2001
__________________
Date