0320100001
10-28-2009
Parnell K. Curtis, Petitioner, v. John E. Potter, Postmaster General, United States Postal Service, (Southwest Area), Agency.
Parnell K. Curtis,
Petitioner,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
(Southwest Area),
Agency.
Petition No. 0320100001
MSPB No. DA-0752-08-0392-I-1
DENIAL OF CONSIDERATION
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 was removed from his position of Mail Processor for failure
to be regular in attendance. Petitioner appealed his removal to the
MSPB, but did not raise any claims of discrimination. A hearing was
held and thereafter an MSPB Administrative Judge (AJ) issued an initial
decision upholding the removal. The initial decision did not address
any claims of discrimination and did not give appeal rights to the
Commission. Petitioner sought review by the full Board, which modified
the initial decision but sustained the removal. The Board's Opinion and
Order also did not address any discrimination claims and did not give
appeal rights to the Commission. The Commission notes that petitioner was
represented by an attorney throughout the adjudication of his case before
the MSPB. Petitioner then filed the instant petition without comment.
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, petitioner did not
raise any claims of discrimination before the MSPB. 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
October 28, 2009
__________________
Date
2
0320090085
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
2
0320100001