0320090045
04-16-2009
Alex Bilbrew, Petitioner, v. John E. Potter, Postmaster General, United States Postal Service, Agency.
Alex Bilbrew,
Petitioner,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Petition No. 0320090045
MSPB No. SF0752080522I1
DENIAL OF CONSIDERATION
Petitioner filed a petition with the Equal Employment Opportunity
Commission asking for review of an Opinion and Order issued by the Merit
Systems Protection Board (MSPB) concerning his claim of discrimination
in violation of Title VII of the Civil Rights Act of 1964 (Title VII),
as amended, 42 U.S.C. � 2000e et seq.
Petitioner alleged that he was discriminated against on the basis of
race (not identified) and reprisal when he was suspended for more than
14 days.
An MSPB Administrative Judge (AJ) issued an initial decision dismissing
the matter because petitioner withdrew his appeal. The AJ noted that
initially there was a question about the MSPB's jurisdiction, but after
finding that the suspension was for more than 14 days, found that the
MSPB had jurisdiction over the matter. Nonetheless, according to the AJ,
petitioner indicated that he wished to withdraw his appeal. Thereafter
petitioner filed an untimely petition with the full Board, seeking to
have the withdrawal overturned and the matter pursued. The Board found
petitioner did not exercise due diligence in seeking reopening and denied
his request to reopen his withdrawn appeal. Petitioner then filed the
instant petition asking that the Commission address his suspension and
discrimination claims.
EEOC regulations provide that the Commission has jurisdiction over
allegations of discrimination raised in connection with an action
appealable to the MSPB. 29 C.F.R. � 1614.302. Here, the MSPB dismissed
the appeal because petitioner withdrew it. Further, the Board found
his petition to be untimely. The Commission has no jurisdiction over
procedural matters of the Board. Because the MSPB did not address any
matters within the Commission's jurisdiction, the Commission has no
jurisdiction to review petitioner's case. Consequently, the Commission
denies the petition for review.
PETITIONER'S RIGHT TO FILE A CIVIL ACTION (W0408)
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 (Z1008)
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
April 16, 2009
__________________
Date
2
0320090045
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
2
0320090045