Lawrencev.Wilder, Petitioner, v. John Berry, Director, Office of Personnel Management, Agency.

Equal Employment Opportunity CommissionAug 18, 2009
0320090069 (E.E.O.C. Aug. 18, 2009)

0320090069

08-18-2009

Lawrence V. Wilder, Petitioner, v. John Berry, Director, Office of Personnel Management, Agency.


Lawrence V. Wilder,

Petitioner,

v.

John Berry,

Director,

Office of Personnel Management,

Agency.

Petition No. 0320090069

MSPB No. PH1221090109W1

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). Petitioner alleged that he was discriminated

against on the basis of reprisal for prior protected EEO activity under

an EEO statute that was unspecified in the record when the agency failed

to provide him with assistance he requested regarding reemployment.

Petitioner indicated that he had psychiatric disability in his appeal

to the MSPB.

Following an Order To Show Cause regarding his competency, an MSPB

Administrative Judge (AJ) issued an initial decision dismissing the

matter without prejudice. The AJ indicated that petitioner could re-file

his appeal upon a showing that he was competent to pursue the matter or

upon obtaining representation. Petitioner sought review by the full Board

which denied his request. Petitioner then filed the instant petition,

but made no arguments.

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 with the right to re-file. 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

August 18, 2009

__________________

Date

2

0320090069

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

Office of Federal Operations

P.O. Box 77960

Washington, DC 20013

2

0320090069