0320140061
10-27-2014
Petitioner, v. Katherine Archuleta, Director, Office of Personnel Management, Agency.
Petitioner,
v.
Katherine Archuleta,
Director,
Office of Personnel Management,
Agency.
Petition No. 0320140061
MSPB No. SF-0831-14-0243-I-1
DECISION
Petitioner filed a petition with the Equal Employment Opportunity Commission asking for review of a Final Order issued by the Merit Systems Protection Board (MSPB) concerning her claim that the Agency determined that she was not entitled to an immediate retirement annuity under the Civil Service Retirement System (CSRS). For the reason listed below, Petitioner's request is DENIED.
On March 6, 2014, an MSPB Administrative Judge (AJ) issued a decision that affirmed the Agency's final decision that Petitioner was not entitled to a retirement annuity because she did not establish that she met the requirements. The AJ further found that she was not entitled to a disability retirement. Petitioner, although she was not provided appeal rights to the EEOC, filed this petition seeking a review of the MSPB's determination.
EEOC Regulations provide that the Commission has jurisdiction over mixed case appeals on which the MSPB has issued a decision that makes determinations on allegations of discrimination. 29 C.F.R. � 1614.303 et seq. The Commission must determine whether the decision of the MSPB with respect to an allegation of discrimination constitutes a correct interpretation of any applicable law, rule, regulation or policy directive, and is supported by the evidence in the record as a whole. 29 C.F.R. � 1614.305(c).
In the present case, we find that the Commission has no jurisdiction in this matter because the MSPB has not addressed an allegation of discrimination for which the Commission has jurisdiction. In finding that we have no jurisdiction here, the Commission is neither addressing nor condoning the Agency's actions, we are merely stating that because the MSPB's decision does not make determinations on allegations of discrimination that we can address, there is nothing for us to consider.
CONCLUSION
Based upon a thorough review of the record, it is the decision of the Commission to DENY consideration of the instant petition for review.
PETITIONER'S RIGHT TO FILE A CIVIL ACTION (W0610)
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, based on the decision of the Merit Systems Protection Board, within thirty (30) calendar days of 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 (Z0610)
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 from the Court that the Court appoint an attorney to represent you and that the Court also 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 with the Court 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
___10/27/14_______________
Date
2
0320140061
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
2
0320140061