0320090020
01-23-2009
Lawrence V. Wilder, Petitioner, v. Linda M. Springer, Director, Office of Personnel Management, Agency.
Lawrence V. Wilder,
Petitioner,
v.
Linda M. Springer,
Director,
Office of Personnel Management,
Agency.
Petition No. 0320090020
MSPB No. PH844E080524I1
DECISION
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 filed an appeal with the MSPB. Therein, it appears that
petitioner, who is receiving disability retirement benefits because of
a mental disability, alleged that the agency was preventing him from
his restoration and re-employment rights.
In an initial decision, an MSPB Administrative Judge (AJ) noted in a
footnote that the case involves petitioner's entitlement to disability
retirement benefits to the extent that petitioner was requesting
a periodic review of his disability. The AJ, relying on documents
submitted by petitioner as well as his pleading to the MSPB, found
that petitioner was incompetent due to his medical condition of paranoid
schizophrenia. Thus, the AJ issued a dismissal without prejudice until
such a time as petitioner becomes competent to proceed or obtains
representation. Petitioner appealed the dismissal to the full Board
which denied his petition. Petitioner then filed the instant petition.
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 without prejudice. Petitioner at some point may file a new
appeal with the MSPB. 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
January 23, 2009
__________________
Date
2
0320090020
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
2
0320090020