0520080065
11-21-2007
Jos� L. Cabrera-Lopez, Complainant, v. John E. Potter, Postmaster General, United States Postal Service (New York Metro Area), Agency.
Jos� L. Cabrera-Lopez,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service
(New York Metro Area),
Agency.
Request No. 0520080065
Appeal No. 0120072790
Agency No. 4A-006-0033-06
DENIAL
Complainant timely requested reconsideration of the decision in
Jose L. Cabrera-Lopez v. United States Postal Service, EEOC Appeal
No. 0120072790 (September 12, 2007). EEOC Regulations provide that
the Commission may, in its discretion, grant a request to 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 our prior decision, we affirmed the agency's final because the
evidence did not establish that discrimination occurred. In his Request
for Reconsideration, complainant insists that the preponderance of the
evidence is in his favor. Submitting documents in support of his claim,
he points out how specifically management treated him disparately.
Having reviewed our earlier decision and complainant's arguments,
we find it appropriate to deny the request as it fails to meet the
criteria of 29 C.F.R. � 1614.405(b). Complainant has not indicated
how we clearly and erroneously applied the facts and law in this case.
His Request for Reconsideration is simply a reiteration of earlier
arguments that we already considered for our prior decision. It appears
complainant filed the Request so as to have the matter reviewed on appeal
a second time. However, our Management Directive prohibits such action:
a "request for reconsideration is not a second appeal to the Commission."
Equal Employment Opportunity Management Directive for 29 C.F.R. Part 1614,
at 9-17 (rev. Nov. 9, 1999). We only grant reconsideration in the two
very narrow circumstances listed above. As complainant has not shown how
our interpretation of the material facts or law was clearly erroneous,
the decision in EEOC Appeal No. 0120072790 remains the Commission's
final decision. There is no further right of administrative appeal on
the decision of the Commission on this request.
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
November 21, 2007
__________________
Date
2
0520080065
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P. O. Box 19848
Washington, D.C. 20036
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0520080065
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