Linda P. Danner, Petitioner,v.Michael L. Dominguez, Acting Secretary, Department of the Air Force, Agency.

Equal Employment Opportunity CommissionNov 17, 2005
03a60001 (E.E.O.C. Nov. 17, 2005)

03a60001

11-17-2005

Linda P. Danner, Petitioner, v. Michael L. Dominguez, Acting Secretary, Department of the Air Force, Agency.


Linda P. Danner v. Department of the Air Force

03A60001

November 17, 2005

.

Linda P. Danner,

Petitioner,

v.

Michael L. Dominguez,

Acting Secretary,

Department of the Air Force,

Agency.

Petition No. 03A60001

MSPB No. SF-0752-05-0566-I-1

DENIAL OF CONSIDERATION

On September 22, 2005, petitioner filed a petition with the Equal

Employment Opportunity Commission asking for review of an Initial Decision

issued by the Merit Systems Protection Board (MSPB) concerning her 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,

Club Manager, GS-12 at the agency's Yokota Air Base Officers' Club,

alleged that she was discriminated against on the basis of sex (female)

when, effective March 28, 2005, she was removed from her position.

On March 29, 2005, petitioner filed a mixed case appeal with the

MSPB. The MSPB Administrative Judge (AJ) was informed that a criminal

investigation was underway against petitioner concerning the claims that

gave rise to her removal. The AJ ordered the parties to show cause why

the appeal should not be dismissed without prejudice in order to allow

the criminal proceedings to continue without interference. The agency did

not respond and petitioner did not oppose the AJ's action. Due to policy

considerations and to petitioner's privilege against self-incrimination,

the AJ found it appropriate to dismiss the appeal without prejudice.

The AJ also noted that for timeliness, the original date of filing shall

govern the matter. The Initial Decision provided that petitioner may

re-file no later than 30 days after the first of the following: (1)

the date on which the agency provides actual notice that the criminal

investigation of petitioner has terminated without a charge being

filed against her or (2) the date on which criminal proceedings against

petitioner are concluded at the trial court level.

Inasmuch as the Commission only has jurisdiction to review final decisions

issued by the Board, the Commission finds that petitioner's petition for

review filed with this Commission is premature. The matter is still under

the MSPB's jurisdiction. Petitioner may re-file her petition for review

with the Commission within thirty (30) days after receipt of an MSPB's

final decision on her claim of discrimination. See EEOC Regulation 29

C.F.R. � 1614.303 et seq. Accordingly, EEOC Petition No. 03A60001 is

hereby denied.

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. � 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 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

November 17, 2005

__________________

Date