05A20848
08-14-2002
Dennis J. Martinez, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, (Pacific Area) Agency.
Dennis J. Martinez v. United States Postal Service
05A20848
August 14, 2002
.
Dennis J. Martinez,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
(Pacific Area)
Agency.
Request No. 05A20848
Appeal No. 01A14514
Agency Nos. 4F-956-0032-99 & 4F-956-0148-98
Hearing No. 370-99-X2542
DENIAL OF REQUEST FOR RECONSIDERATION
Dennis J. Martinez (complainant) timely initiated a request to the Equal
Employment Opportunity Commission (EEOC or Commission) to reconsider
the decision in Dennis J. Martinez v. United States Postal Service, EEOC
Appeal No. 01A14514 (May 16, 2002). 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 decision, complainant alleged that the agency had
discriminated against him on the bases of disability (Plantar-fascitis),
national origin (Spanish) 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 Section 501 of the Rehabilitation
Act of 1973 (Rehabilitation Act), as amended, 29 U.S.C. � 791 et seq.,
when:
(1) on August 14, 1998, he was denied medical attention when he became
stressed after a confrontation with management;
on August 15, 1998, he was placed in an off-duty status;
he received one 7-day suspension and two 14-day suspensions following
insubordinate behavior; and
the Postal Inspector failed to pursue his December 3, 1998, allegations
against management.
We concluded in that decision that the EEOC Administrative Judge
was correct in concluding that no discrimination occurred. In this
request, complainant raises the same arguments that he raised on appeal.
Specifically, complainant makes allegations of labor violations and
internal policy violations against the defendant agency, as well as
arguing that his status as a veteran was violated.
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. We note that neither
the internal policies of the defendant agency nor Department of Labor
regulations are enforced by this Commission. Further, status as a veteran
is not a protected class under the laws enforced by this Commission.
Thus, the decision in EEOC Appeal No. 01A14514 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
August 14, 2002
__________________
Date