03a40024
12-23-2003
John F. Surdyk, Petitioner, v. R.L. Brownlee, Acting Secretary, Department of the Army, Agency.
John F. Surdyk v. Dept. of the Army
03A40024
December 23, 2003
.
John F. Surdyk,
Petitioner,
v.
R.L. Brownlee,
Acting Secretary,
Department of the Army,
Agency.
Petition No. 03A40024
MSPB No. DA-0752-01-0108-I-1
DECISION
On October 14, 2003 the petitioner filed a timely petition with the Equal
Employment Opportunity Commission asking for review of the final Order
issued by the Merit Systems Protection Board (MSPB) dated September 16,
2003, concerning his claim of discrimination based on race (Caucasian)
and reprisal in violation of Title VII of the Civil Rights Act of 1964
(Title VII), as amended, 42 U.S.C. � 2000e et seq.
The petitioner claims he was discriminated against when he was removed
from his position for disrespectful remarks directed to and about his
supervisors, derogatory statements about fellow employees, and misuse of
a government credit card. Petitioner withdrew his request for a hearing,
and thereafter the MSPB AJ issued a decision upholding the removal and
finding that petitioner failed to show he was discriminated against or
that there was reprisal. Petitioner sought review by the full Board,
but his request was denied.
EEOC Regulations provide that the Commission has jurisdiction over
mixed case appeals on which the MSPB has issued a decision that makes
determinations on claims of discrimination. 29 C.F.R. � 1614.303 et seq.
Based upon a thorough review of the record, it is the decision of
the Commission to concur with the final decision of the MSPB finding
no discrimination or reprisal because its ultimate finding of no
discrimination or reprisal is supported by the evidence in the record
as a whole.
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
December 23, 2003
__________________
Date