05a01223
11-15-2000
Robert A. Pulcini, Complainant, v. Kenneth S. Apfel, Commissioner, Social Security Administration, Agency.
Robert A. Pulcini v. Social Security Administration
05A01223
November 15, 2000
.
Robert A. Pulcini,
Complainant,
v.
Kenneth S. Apfel,
Commissioner,
Social Security Administration,
Agency.
Request No. 05A01223
Appeal No. 01990835
Agency No. 97-0438-SSA
DENIAL OF REQUEST FOR RECONSIDERATION
The complainant initiated a request to the Equal Employment Opportunity
Commission to reconsider the decision in Robert A. Pulcini v. Social
Security Administration, EEOC Appeal No. 01990835 (July 27, 2000).<1>
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 his formal complaint, complainant alleged that he was discriminated
against on the bases of mental disability (stress) and in reprisal for
prior protected activity when he was not selected for the position of
Chief Administrative Law Judge at an agency facility in Houston, Texas
in November 1996. The appellate decision affirmed the agency's finding
of no discrimination. In his request for reconsideration, complainant
contends that there is a consolidated proceeding pending before an EEOC
Administrative Judge in the Baltimore, Maryland District Office involving
two complaints related to the complaint underlying this request and that
the instant complaint should be remanded to the Administrative Judge
for consolidation and a hearing as a result of the agency's failure to
consolidate the complaints during the investigative process.
The Commission has discretion whether to consolidate complaints for
joint processing. 29 C.F.R. � 1614.606. Since complainant failed to
request a hearing before an EEOC Administrative Judge pursuant to 29
C.F.R. � 1614.108(f) and failed to raise these contentions on appeal, the
Commission declines to consolidate the complaints. Furthermore, after
a review of the 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). The decision
in EEOC Appeal No. 01990835 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
November 15, 2000
__________________
Date
CERTIFICATE OF MAILING
For timeliness purposes, the Commission will presume that this decision
was received within five (5) calendar days after it was mailed. I certify
that this decision was mailed to complainant, complainant's representative
(if applicable), and the agency on:
__________________
Date
______________________________
1On November 9, 1999, revised regulations governing the EEOC's federal
sector complaint process went into effect. These regulations apply
to all federal sector EEO complaints pending at any stage in the
administrative process. Consequently, the Commission will apply
the revised regulations found at 29 C.F.R. Part 1614 in deciding the
present appeal. The regulations, as amended, may also be found at the
Commission's website at www.eeoc.gov.