03a60105
09-13-2006
Alsace T. Dyer, Petitioner, v. Dr. Francis J. Harvey, Secretary, Department of the Army, Agency.
Alsace T. Dyer,
Petitioner,
v.
Dr. Francis J. Harvey,
Secretary,
Department of the Army,
Agency.
Petition No. 03A60105
MSPB No. PH0752064082I1
DENIAL OF CONSIDERATION
Petitioner filed a petition with the Equal Employment Opportunity
Commission asking for review of an Initial Decision 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. The Initial Decision became the
Board's final decision.
Petitioner was removed from his position of Construction Representative
for failure to meet the conditions of his employment effective July
21, 2005. The removal notice gave petitioner appeal rights to the MSPB.
Petitioner filed an EEO complaint in December 2005, and the EEO complaint
was dismissed in February 2006 for untimely EEO counselor contact, finding
petitioner did not contact an EEO counselor until October 26, 2005.
Petitioner then filed an appeal with the MSPB. The MSPB dismissed the
petition, finding that petitioner did not establish that his appeal was
timely filed or that good cause existed for an untimely filing. The MSPB
determined that petitioner should have filed his appeal with the Board
by August 22, 2005. Petitioner then filed the instant petition with
the Commission.
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 has no jurisdiction over procedural matters of
the Board. Because the Board did not address any matters within the
Commission's jurisdiction, the Commission has no jurisdiction to review
petitioner's case. Consequently, the Commission denied the petition for
review.
PETITIONER'S RIGHT TO FILE A CIVIL ACTION (W0900)
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 (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
September 13, 2006
__________________
Date
2
03A60105
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P. O. Box 19848
Washington, D.C. 20036
2
03A60105