Art Vargas, Complainant,v.John E. Potter, Postmaster General, United States Postal Service, Agency.

Equal Employment Opportunity CommissionOct 30, 2003
05A31280 (E.E.O.C. Oct. 30, 2003)

05A31280

10-30-2003

Art Vargas, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.


Art Vargas v. United States Postal Service

05A31280

October 30, 2003

.

Art Vargas,

Complainant,

v.

John E. Potter,

Postmaster General,

United States Postal Service,

Agency.

Request No. 05A31280

Appeal No. 01A21620

Agency Nos. 4F-900-0067-00; 4F-900-0052-98

Hearing No. 340-99-3192X

DENIAL OF REQUEST FOR RECONSIDERATION

On September 11, 2003, Art Vargas (complainant) timely initiated a request

to the Equal Employment Opportunity Commission (EEOC or Commission) to

reconsider the decision in Art Vargas v. United States Postal Service,

EEOC Appeal No. 01A21620 (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 basis of disability (back impairment) in

violation of Section 501 of the Rehabilitation Act of 1973 (Rehabilitation

Act), as amended, 29 U.S.C. � 791 et seq., when:

his disability retirement forms were improperly processed;

management failed to complete several of his disability retirement forms;

false and incorrect statements were made on Form 2824B;

management failed to accommodate and reassign him;

management failed to provide him with an interactive process; and,

the agency issued him a Thirty Day Notice of Removal on December 6, 1997.

The EEOC Administrative Judge (AJ) issued a decision in the agency's

favor. In a final action dated November 30, 2001, the agency implemented

the AJ's decision and our prior appellate decision affirmed this finding.

In his request for reconsideration, complainant essentially repeats

the arguments presented on appeal and contends that, insofar as the

Commission's prior decision found such arguments to be unpersuasive,

the prior decision contained clearly erroneous interpretations of fact

and law.

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. 01A21620 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 30, 2003

__________________

Date