0320100034
06-16-2010
Gary A. Bassett, Petitioner, v. John E. Potter, Postmaster General, United States Postal Service, (Pacific Area), Agency.
Gary A. Bassett,
Petitioner,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
(Pacific Area),
Agency.
Petition No. 0320100034
MSPB No. SF3443100172I1
DENIAL OF CONSIDERATION
Petitioner filed a petition with the Equal Employment Opportunity
Commission asking for review of a Final 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. and Section 501 of the Rehabilitation
Act of 1973 (Rehabilitation Act), as amended, 29 U.S.C. � 791 et seq.
Petitioner alleged that he was discriminated against on the bases of
disability and reprisal for prior protected EEO activity under Title
VII of the Civil Rights Act of 1964 when he was denied reasonable
accommodation since April 2, 2009.
Petitioner filed a mixed case complaint and the agency issued a decision
finding that petitioner was not discriminated against as alleged.
Petitioner filed an appeal with the MSPB1. Petitioner withdrew his MSPB
appeal2 and an MSPB AJ issued a decision accepting the withdrawal.
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, petitioner withdrew
his MSPB appeal. 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
June 16, 2010
__________________
Date
1 Petitioner filed his MSPB appeal before the agency issued its final
decision on his EEO complaint.
2 In his withdrawal statement, dated March 15, 2010, petitioner stated
that he wished to pursue the matter before the Commission. However, other
than the instant petition which contains no arguments, the Commission
has not received an appeal of the final agency decision dated December 7,
2009, from petitioner.
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0320100034
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
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0320100034