05A30623
05-02-2003
Ruben E. Trejo, Complainant, v. Thomas E. White, Secretary, Department of the Army, Agency.
Ruben E. Trejo v. Department of the Army
05A30623
05-02-03
.
Ruben E. Trejo,
Complainant,
v.
Thomas E. White,
Secretary,
Department of the Army,
Agency.
Request No. 05A30623
Appeal No. 01A30327
Agency No. BHAAFO0105B0540
Hearing No. 360-A2-8627x
DENIAL OF REQUEST FOR RECONSIDERATION
Ruben E. Trejo (complainant) timely initiated a request to the Equal
Employment Opportunity Commission (EEOC or Commission) to reconsider
the decision in Ruben E. Trejo v. Department of the Army, EEOC Appeal
No. 01A30327 (March 4, 2003). 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 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. 01A30327 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.<1>
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
___05-02-03_______________
Date
1 Complainant raised four new claims in this request: 1) at an unstated
time, his manager told him he was being reassigned from the night
shift because the manager did not want to pay complainant the night
differential; 2) on February 24, 2003, complainant asked to return to
the day shift; 3) on March 6, 2003, complainant was assigned to work
on a CH 47 ramp, and told he had three days to complete the work;
and 4) complainant was told that last year's performance appraisal
was lower than the year before because complainant was on light duty.
Complainant is advised that if he wishes to pursue, through the EEO
process, the additional allegations of discrimination that he raised
for the first time on reconsideration, he shall initiate contact with
an EEO counselor within 15 days after the date that he receives this
decision. The Commission advises the agency that if complainant seeks
EEO counseling regarding the new allegations within the above 15-day
time period, the date complainant filed the request for reconsideration
in which he raised these allegations shall be deemed to be the date
of the initial EEO contact, unless he previously contacted a counselor
regarding these matters, in which case the earlier date would serve as
the EEO counselor contact date. Cf. Qatsha v. Department of the Navy,
EEOC Request No. 05970201 (January 16, 1998).