03A20033
05-22-2002
Monica S. Ware, Petitioner, v. Anthony J. Principi, Secretary, Department of Veterans Affairs, Agency.
Monica S. Ware v. Department of Veterans Affairs
03A20033
May 22, 2002
.
Monica S. Ware,
Petitioner,
v.
Anthony J. Principi,
Secretary,
Department of Veterans Affairs,
Agency.
Petition No. 03A20033
MSPB No. AT-0572-99-0402, et.al.
DENIAL OF CONSIDERATION
On April 12, 2001, 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 or Board) concerning her claim
of discrimination in violation of Section 501 of the Rehabilitation
Act of 1973 (Rehabilitation Act), as amended, 29 U.S.C. � 791 et seq.
Initially, we dismissed that petition because the matter was still
pending before the MSPB. See Ware v. Department of Veteran Affairs,
EEOC Petition No. 03A10070 (May 24, 2002). After the conclusion of
proceedings before the MSPB, petitioner filed this petition with this
Commission on January 29, 2002.
Petitioner, a Pharmacy Technician at an agency's Medical Center in
Birmingham, Alabama, facility, alleged that she was discriminated against
on the basis of disability (rheumatoid arthritis) when she was terminated
from her position on March 13, 1999. The MSPB reversed the agency's
action, finding that petitioner had been discriminated against based
on her disability. The MSPB further ordered the agency pay petitioner
$31,040 in compensatory damages. Petitioner petitioned the MSPB for
review of that compensatory damages decision, and on December 18, 2001,
the Board denied petitioner's petition, finding no error in the previous
decision.
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. � 1614.303
et seq. The Commission must determine whether the decision of the
MSPB with respect to the allegation of discrimination constitutes an
incorrect interpretation of any applicable law, rule, regulation or policy
directive, or is not supported by the evidence in the record as a whole.
29 C.F.R. � 1614.305(c).
In the Board's December 18,2001, denial, clear appeal rights were provided
to the petitioner to the United States Court of Appeals for the Federal
Circuit. Those appeal rights did not include instructions to appeal to
this Commission. Petitioner has appealed to the Commission in error.
Although the statements petitioner submitted to the Commission are not
clear, it appears that she is alleging violations of criminal statutes
by the agency and non-compliance by the agency with the Board's previous
order. In either instance, this Commission is not the appropriate forum
to address those issues. Petitions for enforcement of MSPB decisions
should be directed to the MSPB. Allegations of criminal wrongdoing should
be brought to the attention of state or federal authorities charged with
the duty of enforcing the statutes in question. Thus, petitioner has
not presented us with a decision from the MSPB with which we could concur
or differ. Therefore, the Commission denies the 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. � 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
May 22, 2002
__________________
Date