05a50799
05-24-2005
Carlos A. Martinez, Complainant, v. John E. Potter, Postmaster General, United States Postal Service (Southeast Area) Agency.
Carlos A. Martinez v. United States Postal Service
05A50799
05-24-05
.
Carlos A. Martinez,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service
(Southeast Area)
Agency.
Request No. 05A50799
Appeal No. 01A51434
Agency No. 4H-330-0118-02
Hearing No. 150-2003-09627X
DENIAL
Carlos A. Martinez (complainant) timely requested reconsideration of
the decision in Carlos A. Martinez v. United States Postal Service,
EEOC Appeal No. 01A51434 (March 25, 2005). EEOC Regulations provide that
the Commission may, in its discretion, grant a request to 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, complaint alleged that he was discriminated
against in violation of Title VII of the Civil Rights Act of 1964,
as amended, 42 U.S.C. � 2000e et seq. Complainant requested a hearing
before an EEOC Administrative Judge (AJ). The AJ issued a notice of
intent to issue a decision without a hearing, to which neither party
replied. The AJ then issued a decision without a hearing finding
that no discrimination had occurred. The agency issued a final order
adopting the AJ's finding. Complainant appealed to the Commission in
the aforementioned case. On appeal, we affirmed the agency's final
order because the AJ appropriately issued a decision without a hearing
and the record evidence did not establish that discrimination occurred.
In his request for reconsideration, complainant reiterates arguments
made in the underlying appeal. As such, the Commission finds that
complainant failed to demonstrate that the appellate decision involved
an erroneous interpretation of material fact or law; or would have a
substantial impact on the policies, practices, or operations of the
agency. 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). This Commission carefully considered all of the record evidence at
the time it rendered the initial decision in question, and complainant has
offered no persuasive reason why this decision should be reconsidered now.
Therefore after a review of complainant's request for reconsideration,
the previous decision, and the entire record, it is the decision of the
Commission to deny the request. The decision in EEOC Appeal No. 01A51256
remains the Commission's final decision. There is no further right of
administrative appeal on the decision of the Commission on this request.
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
___05-24-05_______________
Date