0320090002
11-13-2008
Joseph A. Williams, Petitioner, v. Henry M. Paulson, Jr., Secretary, Department of the Treasury, Agency.
Joseph A. Williams,
Petitioner,
v.
Henry M. Paulson, Jr.,
Secretary,
Department of the Treasury,
Agency.
Petition No. 0320090002
MSPB No. AT3330080564I1
DENIAL OF CONSIDERATION
Petitioner filed a petition with the Equal Employment Opportunity
Commission asking for review of a decision issued by the Merit Systems
Protection Board (MSPB).
Petitioner alleged that the agency violated his veteran's preference
rights by allegedly "passing him over" with regard to certain vacancies.
An MSPB Administrative Judge found that the Board lacked jurisdiction over
the matter because petitioner did not show that the filing deadline for
his complaint with the Department of Labor should have been equitably
waived, and that he had not exhausted his remedy with the DOL.
As such, the Board dismissed the appeal for lack of jurisdiction over
the matter. The decision did not give petitioner appeal rights to the
Commission and did not address any discrimination claims.
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 is
raising a claim regarding his veteran's preference rights. The Commission
has no jurisdiction to address such matters. Further, 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
November 13, 2008
__________________
Date
2
0320090002
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P. O. Box 19848
Washington, D.C. 20036
2
0320090002