Lawrencev.Wilder, Petitioner, v. Linda M. Springer, Director, Office of Personnel Management, Agency.

Equal Employment Opportunity CommissionJan 23, 2009
0320090020 (E.E.O.C. Jan. 23, 2009)

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