Ruben E. Trejo, Complainant,v.Thomas E. White, Secretary, Department of the Army, Agency.

Equal Employment Opportunity CommissionMay 2, 2003
05A30623 (E.E.O.C. May. 2, 2003)

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).