05A31228
10-15-2003
Armando E. Salcido, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, (Southwest Area), Agency.
Armando E. Salcido v. United States Postal Service
05A31228
October 15, 2003
.
Armando E. Salcido,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
(Southwest Area),
Agency.
Request No. 05A31228
Appeal No. 01A32933
Agency No. 4G-760-0445-01
Hearing No. 310-A3-5041X
DENIAL OF REQUEST FOR RECONSIDERATION
Armando E. Salcido (complainant) timely initiated a request to the Equal
Employment Opportunity Commission (EEOC or Commission) to reconsider
the decision in Armando E. Salcido v. United States Postal Service, EEOC
Appeal No. 01A32933 (July 24, 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).
In the underlying complaint, complainant contended that he was
discriminated against on the bases of his race (Hispanic), national origin
(Hispanic), sex (male), age (DOB: 4/28/59), and reprisal for prior EEO
activity in violation of Title VII of the Civil Rights Act of 1964 (Title
VII), as amended, 42 U.S.C. � 2000e et seq., and the Age Discrimination
in Employment Act of 1967 (ADEA), as amended, 29 U.S.C. � 621 et seq.,
when on May 16, 2001, he was given an order to work in an unsafe manner
by carrying up to 70 pounds per loop which caused injuries to his left
shoulder, elbow, back and knees.
On February 28, 2003, the EEOC Administrative Judge (AJ) issued a
decision without a hearing in the agency's favor. On March 25, 2003,
the agency issued its final action which implemented the AJ's decision.
Our prior appellate decision affirmed this finding. In his request
for reconsideration, complainant contends, among other things, that
no other carrier had ever been instructed to work in an unsafe manner.
Complainant also contends that the AJ erred when he issued a decision
without a hearing. The agency did not file a response.
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. In reaching
this conclusion, the Commission notes that complainant has failed to
produce any evidence that would show that our prior decision was based
on an erroneous interpretation of material fact or law. In addition,
complainant failed to produce any evidence that would show that our
prior decision will have a substantial impact on the policies, practices,
or operations of the agency. The decision in EEOC Appeal No. 01A32933
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
October 15, 2003
__________________
Date