0320140058
10-16-2014
Petitioner, v. Patrick R. Donahoe, Postmaster General, United States Postal Service (Pacific Area), Agency.
Petitioner,
v.
Patrick R. Donahoe,
Postmaster General,
United States Postal Service
(Pacific Area),
Agency.
Petition No. 0320140058
MSPB No. CH-0353-14-0121-I-1
DECISION
On July 3, 2014, 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). For the reasons that follow, we DENY consideration of Petitioner's petition.
BACKGROUND
In pertinent part, the record indicates that Petitioner was employed by the Agency as a Part-time Flexible Mail Processing Clerk, PS-05, in Grand Rapids, Michigan until his removal, effective August 22, 2003. On November 18, 2013, he asked the MSPB to review a suspension, removal and alleged failure to restore him to duty. Among other things, he claimed that the Agency discriminated against him based on his race, sex and disability and in retaliation for engaging in equal employment opportunity (EEO). Subsequently, an MSPB Administrative Judge dismissed his appeal for lack of jurisdiction. Petitioner filed the instant petition seeking a review of the MSPB's final decision.
ANALYSIS AND FINDINGS
EEOC Regulations provide that the Commission has jurisdiction over mixed case appeals and complaints on which the MSPB has issued a decision that makes determinations on allegations of discrimination. 29 C.F.R. � 1614.303 et seq. However, when the MSPB, as it did in this case, denies jurisdiction, the Commission has held that there is little point in continuing to view the matter as a "mixed case" as defined by 29 C.F.R. � 1614.302(a), because the MSPB did not address any matters within the Commission's jurisdiction. Therefore, the Commission finds that it has no jurisdiction to review Petitioner's petition. This matter will be considered a "non-mixed" case and processed accordingly. See generally Schmitt v. Dept. of Transportation, EEOC Appeal No. 01902126 (July 9, 1990); Phillips v. Dept. of the Army, EEOC Request No. 05900883 (October 12, 1990); 29 C.F.R. � 1614.302(c)(2)(i) and (ii). In accordance with these principles, Petition No. 0320140058 is hereby administratively closed.1
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
_10/16/14_________________
Date
1 The record indicates that Petitioner reached a settlement with the Agency regarding an EEO complaint that he filed alleging discrimination with regard to his removal. To the extent Petitioner is challenging the validity of the settlement agreement, he must comply with the procedures set forth in 29 C.F.R. � 1614.504(a) and (b).
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0320140058
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013