Lawrencev.Wilder, Petitioner, v. Christopher J. Scolese, Acting Administrator, National Aeronautics and Space Administration, Agency.

Equal Employment Opportunity CommissionSep 1, 2009
0320090078 (E.E.O.C. Sep. 1, 2009)

0320090078

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. 0320090078

MSPB No. DC3443090114I1

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.

Petitioner alleged that he was discriminated against on the bases of

race (African-American), sex (male), religion, and color (medium dark

complexion) in connection with his resignation (effective April 1,

1988) which he contended was a constructive discharge and/or unfair

termination.1

An MSPB Administrative Judge (AJ) issued an initial decision finding

petitioner's appeal to the Board was untimely and barred by collateral

estoppel. The AJ noted that petitioner presented identical issues that he

presented to the Board previously.2 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 It is not clear from the record the exact bases, if any, for

petitioner's discrimination claims. Those bases were taken from an

earlier petition involving the same matter.

2 To that extent, the Commission notes that in Petition No. 0320090040

(March 20, 2009), the petitioner raised identical matters which the

Board dismissed because of an untimely appeal and having previously

litigated the same matters. The Commission denied petitioner's petition

for review.

??

??

??

??

2

0320090078

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

Office of Federal Operations

P.O. Box 77960

Washington, DC 20013