05A31078
09-04-2003
Gary A. Sanchez, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, (Western Area), Agency.
Gary A. Sanchez v. United States Postal Service
05A31078
September 4, 2003
.
Gary A. Sanchez,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
(Western Area),
Agency.
Request No. 05A31078
Appeal No. 01A20848
Agency No. 4E-800-0138-01
DENIAL OF REQUEST FOR RECONSIDERATION
Gary A. Sanchez (complainant) timely initiated a request to the Equal
Employment Opportunity Commission (EEOC or Commission) to reconsider
the decision in Gary A. Sanchez v. United States Postal Service, EEOC
Appeal No. 01A20848 (July 15, 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). However, we remind complainant that a
"request for reconsideration is not a second appeal to the Commission."
Equal Employment Opportunity Management Directive for 29 C.F.R. Part 1614
(rev. Nov. 9, 1999), at 9-17.
In his request, complainant contends that the Administrative Judge
(AJ) overlooked a material fact in that an order by the AJ, dated
August 9, 2001, consolidated all complainant's pending EEO complaints.
Complainant asserts that the agency did not act properly in issuing a
final decision in that its authority to dismiss a complaint ended when he
requested a hearing. The agency avers that the AJ issued a preliminary
and provisional consolidation order for the purpose of assessing the
status of the complaints for which consolidation had been requested.
The agency further contends that when it provided the AJ with the
investigative files for the other complaints, it notified the AJ that
complainant had not requested a hearing and that it was in the process
of issuing a final decision (FAD) on the case.
The record reveals that, on June 23, 2001, complainant received a copy
of the investigative file for the instant complaint. Along with the
file, the agency notified him that he had thirty days to notify the
District Director of the EEOC Denver District Office of any request for
a hearing. The record reveals that complainant failed to submit a request
for a hearing to the District Director within the thirty day period.
With respect to the complainant's contention that the AJ consolidated
his complaint on August 9, 2001, the record reveals that the AJ stated
in a letter dated October 17, 2001, that the instant complaint was not
consolidated with his other complaints which were pending a hearing.
Accordingly, we find that complainant failed to properly request a
hearing within the thirty day period.
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. 01A20848 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:
September 4, 2003
______________________________ __________________
Carlton M. Hadden, Director Date
Office of Federal Operations