0320090080
09-01-2009
Lawrence V. Wilder, Petitioner, v. Christopher J. Scolese, Acting Administrator, National Aeronautics and Space Administration, Agency.
Lawrence V. Wilder,
Petitioner,
v.
Christopher J. Scolese,
Acting Administrator,
National Aeronautics and Space Administration,
Agency.
Petition No. 0320090080
MSPB No. DC315H090127I1
DENIAL OF CONSIDERATION
Petitioner filed a timely 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., Section 501 of the Rehabilitation
Act of 1973 (Rehabilitation Act), as amended, 29 U.S.C. � 791 et seq.,
and the Age Discrimination in Employment Act of 1967 (ADEA), as amended,
29 U.S.C. � 621 et seq.
Petitioner alleged that he was discriminated against on the bases of
race (African-American), sex (male), disability (psychiatric), and age
in connection with his resignation (effective April 1, 1988) which he
contended was a constructive discharge and/or unfair termination.
An MSPB Administrative Judge (AJ) issued an initial decision finding
petitioner's appeal to the Board was untimely. The AJ noted that
petitioner presented identical issues that he presented to the Board
previously.1 The AJ also noted that petitioner had filed an EEO complaint
on his discrimination claims and the matter was dismissed as untimely
filed. The full Board denied petitioner's petition for review. Neither
decision gave 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. 29 C.F.R. � 1614.302. Here, the MSPB dismissed
the appeal on procedural grounds. 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
September 1, 2009
__________________
Date
1 To that extent, the Commission notes that in Petition No. 0320090040
(March 20, 2009), the petitioner raised identical matters which the
Board also dismissed because of an untimely appeal and having previously
litigated the same matters. The Commission denied petitioner's petition
for review.
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0320090080
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
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0320090080