05a50773
07-06-2005
Ulysses Cardonna, Complainant, v. Alberto Gonzales, Attorney General, Department of Justice, (Federal Bureau of Prisons), Agency.
Ulysses Cardonna v. Department of Justice
05A50773
July 6, 2005
.
Ulysses Cardonna,
Complainant,
v.
Alberto Gonzales,
Attorney General,
Department of Justice,
(Federal Bureau of Prisons),
Agency.
Request No. 05A50773
Appeal No. 01A43838
Agency No. P-2003-0170
Hearing No. 120-2004-00233X
DENIAL
Ulysses Cardonna (complainant) timely requested reconsideration of the
decision in Ulysses Cardonna v. Department of Justice, EEOC Appeal
No. 01A43838 (April 11, 2005). 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 basis of race (Hispanic) when management
charged him with being absent without official leave (AWOL) and
he resigned in lieu of termination. On March 10, 2004, the EEOC
Administrative Judge (AJ) issued a decision without a hearing in the
agency's favor. On April 21, 2004, the agency fully implemented the
AJ's decision and our prior appellate decision affirmed this finding.
After reconsidering 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. 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. 01A43838 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
July 6, 2005
__________________
Date