0320180030
03-15-2018
Clement D.,1 Petitioner, v. James N. Mattis, Secretary, Department of Defense (Defense Health Agency), Agency.
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
Clement D.,1
Petitioner,
v.
James N. Mattis,
Secretary,
Department of Defense
(Defense Health Agency),
Agency.
Petition No. 0320180030
MSPB No. DC-1221-18-0109-W-1
DENIAL OF CONSIDERATION
On February 5, 2018, Petitioner filed a petition with the Equal Employment Opportunity Commission (EEOC or Commission) asking for review of an initial decision issued by the Merit Systems Protection Board (MSPB).
On November 13, 2017, Petitioner filed an individual right of action (IRA) appeal with the MSPB contending that the Agency retaliated against him for engaging in protected whistle-blowing activity. On January 12, 2018, an MSPB Administrative Judge dismissed the appeal for lack of jurisdiction. Petitioner was given the right to file a petition for review with the full Board by February 16, 2018. It appears that he did not do so.
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. Here, because the MSPB procedurally dismissed Petitioner's appeal for lack of IRA jurisdiction and did not make a determination on the merits on any allegations of discrimination, the Commission has no jurisdiction to review Petitioner's appeal. Consequently, the Commission will DENY consideration of the petition for review.2
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 (Z0815)
If you want to file a civil action but cannot pay the fees, costs, or security to do so, you may request permission from the court to proceed with the civil action without paying these fees or costs. Similarly, if you cannot afford an attorney to represent you in the civil action, you may request the court to appoint an attorney for you. You must submit the requests for waiver of court costs or appointment of an attorney directly to the court, not the Commission. The court has the sole discretion to grant or deny these types of requests. Such requests do not alter the time limits for filing a civil action (please read the paragraph titled Complainant's Right to File a Civil Action for the specific time limits).
FOR THE COMMISSION:
______________________________ Carlton M. Hadden's signature
Carlton M. Hadden, Director
Office of Federal Operations
_3/15/18_________________
Date
1 This case has been randomly assigned a pseudonym which will replace Petitioner's name when the decision is published to non-parties and the Commission's website.
2 Furthermore, although whistle-blower retaliation is illegal, such claims are not within the purview of the statutes enforced by the Commission.
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