03a40065
04-23-2004
Donald Gryder v. Department of Transportation Petition No. 03A40065 April 23, 2004 . Donald Gryder, Petitioner, v. Norman Y. Mineta, Secretary, Department of Transportation, Petition No. 03A40065 MSPB No. DC-3443-02-0702-I-1
Donald Gryder v. Department of Transportation
Petition No. 03A40065
April 23, 2004
.
Donald Gryder,
Petitioner,
v.
Norman Y. Mineta,
Secretary,
Department of Transportation,
Petition No. 03A40065
MSPB No. DC-3443-02-0702-I-1
DENIAL OF CONSIDERATION
On March 19, 2004, petitioner filed a petition with the Equal Employment
Opportunity Commission (EEOC or Commission) asking for review of the Merit
Systems Protection Board's (MSPB) decision dated March 12, 2004. For the
reasons that follow, petitioner's petition to this Commission is denied.
Petitioner filed an complaint with the Department of Labor (DOL)
in which he alleged that the Department of Transportation's Federal
Railroad Administration violated his right to veteran's preference when
it allegedly failed to consider him for certain vacant positions for
which he was qualified. The DOL ruled that no violation of preference
points had occurred. Petitioner appealed the DOL's ruling to the MSPB.
An MSPB Administrative Judge (AJ), in an initial decision, dismissed
petitioner's appeal for failure to state a claim upon which relief could
be granted. The AJ's decision did not give petitioner appeal rights to
the Commission. Petitioner petitioned the full Board for a review of the
initial decision. The petition was denied in the Board's final order
on the matter. Petitioner then filed the instant petition, although
the final order did not give petitioner appeal rights to the Commission.
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. 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
April 23, 2004
_________________
Date