03A30029_Jones
03-04-2003
Leander Jones, Petitioner, v. John E. Potter, Postmaster General, United States Postal Service, Agency.
Leander Jones v. United States Postal Service
03A30029
March 4, 2003
.
Leander Jones,
Petitioner,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Petition No. 03A30029
MSPB No. DC-3443-01-0008-I-1
DENIAL OF CONSIDERATION
On December 12, 2002, 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
that he was discriminated against due to his disability in violation
of Section 501 of the Rehabilitation Act of 1973 (Rehabilitation Act),
as amended, 29 U.S.C. Sec. 791 et seq. when his request for a reasonable
accommodation was not granted.
EEOC Regulations provide that the Commission has jurisdiction over
mixed case appeals on which the MSPB has issued a decision that makes
determinations on allegations of discrimination. 29 C.F.R. Sec. 1614.303
et seq. Here, the MSPB denied jurisdiction over petitioner's appeal
and did not address any matters within the Commission's jurisdiction.
Accordingly, the Commission has no jurisdiction to review petitioner's
case. See Sonnier v. Department of the Air Force, EEOC Petition
No. 03A00024 (January 21, 2000). When the MSPB denies jurisdiction
in such matters, the Commission has held that there is little point
in continuing to view the matter as a �mixed case� as defined by 29
C.F.R. Sec. 1614.302(a). Thus, the case should be considered a �nonmixed
matter� and processed accordingly.<1> See Rainey v. Department of the
Interior, EEOC Petition No. 03940108 (June 23, 1994). The Commission
therefore denies petitioner's petition for review.
PETITIONER'S RIGHT TO FILE A CIVIL ACTION (W0900)
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 (Z1199)
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 that the Court appoint
an attorney to represent you and that the Court 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. Sec. 2000e et seq.;
the Rehabilitation Act of 1973, as amended, 29 U.S.C. Secs. 791, 794(c).
The grant or denial of the request is within the sole discretion of
the Court. Filing a request for an attorney 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
March 4, 2003
__________________
Date
1 Commission regulations require that when the MSPB dismisses a mixed
case appeal for jurisdictional reasons, the agency shall promptly notify
the individual in writing of his right to contact an EEO counselor with
45 days of receipt of this notice and to file an EEO complaint, subject