03a10098
10-17-2001
Charles D. Thompson, Petitioner, v. John Ashcroft, Attorney General, Department of Justice, Agency.
Charles D. Thompson v. Department of Justice
03A10098
October 17, 2001
.
Charles D. Thompson,
Petitioner,
v.
John Ashcroft,
Attorney General,
Department of Justice,
Agency.
Petition No. 03A10098
MSPB No. SF-0353-01-0256-I-1
DENIAL OF CONSIDERATION
On August 8, 2001, Charles D. Thompson (petitioner) filed a timely
petition with the Equal Employment Opportunity Commission asking for
review of a Final Order issued by the Merit Systems Protection Board
(MSPB or the Board) concerning his claim of discrimination in violation
of Section 501 of the Rehabilitation Act of 1973 (Rehabilitation Act),
as amended, 29 U.S.C. � 791 et seq. Petitioner, a former Criminal
Investigator at an agency facility in San Francisco, California, alleged
that he was discriminated against on the basis of disability (unspecified)
when his restoration rights were denied. The petitioner is governed by
the Civil Service Reform Act of 1978 and EEOC Regulations at 29 C.F.R. �
1614.101 et seq.
On February 26, 2001, petitioner filed a mixed case appeal with
the MSPB concerning the agency's denial of his restoration rights.
The MSPB dismissed the appeal, finding that the matter was barred by
the doctrine of collateral estoppel. The AJ found that the Board had
twice adjudicated the identical issue, i.e., petitioner's entitlement to
restoration/reemployment rights. The AJ noted that in both prior cases,
an AJ determined that petitioner did not have restoration/reemployment
rights because he had been terminated for reasons related to his
compensable injury. The AJ concluded that the doctrine of collateral
estoppel therefore barred relitigation of the issue raised in the
subject appeal. The Board denied petitioner's petition for review.
EEOC Regulations provide that the Commission has jurisdiction over
allegations of discrimination raised in connection with an action
appealable to the MSPB. See 29 C.F.R. � 1614.302. The Commission has
no jurisdiction over procedural matters decided by the Board, as in the
case here, where it determined that petitioner's appeal was barred by
the doctrine of collateral estoppel. 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 (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
October 17, 2001
Date