05a40395
03-05-2004
Robert G. Salinas, Complainant, v. Dr. James G. Roche, Secretary, Department of the Air Force, Agency.
Robert G. Salinas v. Department of the Air Force
05A40395
3/5/04
.
Robert G. Salinas,
Complainant,
v.
Dr. James G. Roche,
Secretary,
Department of the Air Force,
Agency.
Request No. 05A40395
Appeal No. 01A34883
Agency No. LAOJ02055
Hearing No. 360-A3-8150X
DENIAL OF REQUEST FOR RECONSIDERATION
Robert G. Salinas (complainant) timely initiated a request to the Equal
Employment Opportunity Commission (EEOC or Commission) to reconsider
the decision in Robert G. Salinas v. Department of the Air Force, EEOC
Appeal No. 01A34883 (December 23, 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).
In his formal complaint, complainant alleged discrimination on the bases
of race (Caucasian), national origin (Hispanic), age (54 at the relevant
time), and sex (male), when the agency withdrew his government driver's
license and temporarily suspended him from operating a government vehicle.
After an investigation, complainant requested a hearing before an EEOC
Administrative Judge (AJ). Following a hearing, the AJ found complainant
had not established he was subjected to discrimination. Thereafter,
the agency implemented the AJ's decision.
The prior decision found complainant was not discriminated against.
In his Request, complainant restates the same arguments he raised
on appeal. Therefore, 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. Complainant presented no argument that the prior decision
involved a clearly erroneous interpretation of material law or fact.
The decision in EEOC Appeal No. 01A34883 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
3/5/04
Date