03a60030
01-11-2006
Karen Braggs, Petitioner, v. R. James Nicholson, Secretary, Department of Veterans Affairs, Agency.
Karen Braggs v. Department of Veterans Affairs
03A60030
January 11, 2006
.
Karen Braggs,
Petitioner,
v.
R. James Nicholson,
Secretary,
Department of Veterans Affairs,
Agency.
Petition No. 03A60030
MSPB No. AT-0752-05-0507-I-1
DECISION
Petitioner filed a timely petition with the Equal Employment Opportunity
Commission asking for review of a final decision issued by the Merit
Systems Protection Board (MSPB) concerning her 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.
Petitioner, a Medical Laboratory Aid, GS-04 alleged that she was
discriminated against on the bases of race (African-American) and reprisal
when she was removed from her position for being absent without leave,
failing to follow leave procedures, and loafing/wasting time. The
record indicates that petitioner had previously been disciplined
for leave related problems, including letters of warning and a 14
day suspension. Petitioner filed a mixed case appeal with the MSPB.
After a hearing, the Administrative Judge found that petitioner was not
discriminated against as alleged. Petitioner did not appeal the initial
decision to the Board, and the initial decision became the Board's final
decision. Petitioner filed a petition with the Commission but did not
provide any arguments.
EEOC Regulations provide that the Commission has jurisdiction over
mixed case appeals on which the MSPB has issued a decision that makes
determinations on allegations of discrimination. 29 C.F.R. � 1614.303
et seq. The Commission must determine whether the decision of the
MSPB with respect to the allegation of discrimination constitutes a
correct interpretation of any applicable law, rule, regulation or policy
directive, and is supported by the evidence in the record as a whole.
29 C.F.R. � 1614.305(c).
Based upon a thorough review of the record and for the foregoing reasons,
it is the decision of the Commission to concur with the final decision
of the MSPB finding no discrimination. The Commission finds that the
MSPB's decision constitutes a correct interpretation of the laws, rules,
regulations, and policies governing this matter and 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
January 11, 2006
__________________
Date