05980262
04-22-1999
Grace Matuszeski, Appellant, v. Robert E. Rubin, Secretary, Department of the Treasury, Agency.
Grace Matuszeski v. Department of the Treasury
05980262
April 22, 1999
Grace Matuszeski, )
Appellant, )
) Request No. 05980262
v. ) Appeal No. 01956479
)
Robert E. Rubin, )
Secretary, )
Department of the Treasury, )
Agency. )
)
DENIAL OF REQUEST FOR RECONSIDERATION
On January 15, 1998, Grace Matuszeski (hereinafter referred to as
appellant) initiated a request to the Equal Employment Opportunity
Commission (the Commission) to reconsider the decision in Grace Matuszeski
v. Robert E. Rubin, Secretary, Department of the Treasury, EEOC Appeal
No. 01956479 (December 8, 1997).<1> EEOC regulations provide that
the Commissioners may, in their discretion, reconsider any previous
Commission decision. 29 C.F.R. �1614.407(a). The party requesting
reconsideration must submit written argument or evidence which tends to
establish one or more of the following three criteria: new and material
evidence is available that was not readily available when the previous
decision was issued, 29 C.F.R. �1614.407(c)(1); the previous decision
involved an erroneous interpretation of law, regulation, or material fact,
or a misapplication of established policy, 29 C.F.R. �1614.407(c)(2);
and the decision is of such exceptional nature as to have substantial
precedential implications, 29 C.F.R. �1614.407(c)(3).
After a review of appellant's request for reconsideration, the
previous decision, and the entire record, the Commission finds that
appellant's request does not meet the criteria in 29 C.F.R. �1614.407(c).
Therefore, it is the decision of the Commission to deny appellant's
request.<2> The decision in EEOC Appeal No. 01956479 (December 8, 1997)
remains the Commission's final decision. There is no further right of
administrative appeal on a decision of the Commission on this Request
for Reconsideration.
STATEMENT OF RIGHTS ON REQUEST FOR RECONSIDERATION
RIGHT TO FILE A CIVIL ACTION (P0993)
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.
It is the position of the Commission that 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.
You should be aware, however, that courts in some jurisdictions have
interpreted the Civil Rights Act of 1991 in a manner suggesting that
a civil action must be filed WITHIN THIRTY (30) CALENDAR DAYS from the
date that you receive this decision. To ensure that your civil action
is considered timely, you are advised to file it WITHIN THIRTY (30)
CALENDAR DAYS from the date that you receive this decision or to consult
an attorney concerning the applicable time period in the jurisdiction
in which your action would be filed. 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 (Z1092)
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:
April 22, 1999
Date Frances M. Hart
Executive Officer
Executive Secretariat
1The record does not contain a postal return receipt card or other
evidence showing when appellant received the prior decision. Accordingly,
the request for reconsideration is deemed to be timely.
2The Commission notes that the Administrative Judge's and the previous
decision's findings regarding appellant's relationship with her co-workers
constitute harmless error, given the additional evidence concerning
appellant's problems relating to her supervisors. Further, contrary to
appellant's characterization, the memorandum from the Deputy Associate
Chief Counsel indicated that the Associate Chief Counsel was awaiting
the conclusion of the investigation of appellant's EEO complaint before
acting on appellant's transfer request. The Commission notes that, at
the time the memorandum was written, management had appointed a Special
Assistant to investigate appellant's allegations that she was being
threatened and harassed. Finally, the record shows other instances
in which appellant refused to meet with supervisors, and had her work
revised in order to provide a timely response to taxpayers besides
those cited in appellant's request for reconsideration. Such evidence
supports the performance evaluation rating which appellant received.
The Commission notes that, according to the record, management only
agreed that appellant would not have to meet with her supervisor while
an investigation was conducted as to alleged threats, and we find no
evidence to support appellant's assertion that she was harassed with
regard to her assignments. While appellant stated that she offered
evidence to refute her supervisors' assertions, she acknowledged, at
the hearing, that the majority of incidents over which management was
concerned occurred as her supervisors described.