05a50477
03-29-2005
Martha G. Reyes, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, (Southwest Area), Agency.
Martha G. Reyes v. United States Postal Service
05A50477
March 29, 2005
.
Martha G. Reyes,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
(Southwest Area),
Agency.
Request No. 05A50477
Appeal No. 01A46185
Agency No. 4G-770-0318-03
Hearing No. 330-2004-00099X
DENIAL
Martha G. Reyes (complainant) timely requested reconsideration of
the decision in Martha G. Reyes v. United States Postal Service, EEOC
Appeal No. 01A46185 (December 22, 2004). 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 the underlying complaint, complainant contended that he was
discriminated against on the bases of race (Hispanic), national origin
(Mexican), and sex (female) when:
she was issued a Letter of Warning dated March 8, 2003, for
unsatisfactory performance and
she was issued a Letter of Warning dated March 26, 2003, for
unsatisfactory performance and failure to follow instructions.
On July 23, 2004, the EEOC Administrative Judge (AJ) issued a decision
without a hearing in the agency's favor. On August 5, 2004, the agency
fully implemented the AJ's decision and our prior appellate decision
affirmed this finding
In regard to complainant's request for reconsideration, 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, we note that complainant fails to demonstrate
that our prior decision involved a clearly erroneous interpretation of
material fact or law, or will have a substantial impact on the policies,
practices or operations of the Commission. The decision in EEOC Appeal
No. 01A46185 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
March 29, 2005
__________________
Date