0320150053
07-21-2015
Petitioner, v. Megan J. Brennan, Postmaster General, United States Postal Service (Great Lakes Area), Agency.
Petitioner,
v.
Megan J. Brennan,
Postmaster General,
United States Postal Service
(Great Lakes Area),
Agency.
Petition No. 0320150053
MSPB No. CH-0752-14-0387-I-1, CH-0752-12-0767-C-1
DISMISSAL OF PETITION
On March 27, 2015, Petitioner filed a petition with the Equal Employment Opportunity Commission asking for review of a February 24, 2015 final decision issued by the Merit Systems Protection Board (MSPB) concerning his 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.
On December 1, 2014, Petitioner had filed a civil action (1:14-cv-14537-TLL-PTM) in the United States District Court for the Eastern District of Michigan. The record reveals that the allegations raised therein are the same as those raised in the instant petition - Petitioner's removal from the position of Bulk Mail Tech, effective March 21, 2014.
29 C.F.R. � 1614.409 provides that filing a civil action "shall terminate Commission processing of the appeal." Commission regulations mandate dismissal of the petition under these circumstances to prevent a petitioner from simultaneously pursuing both administrative and judicial remedies on the same matters so as to avoid the duplication of resources and the possibility of inconsistent and conflicting decisions, and in order to grant due deference to the authority of the federal district court. See Stromgren v. Dep't of Veterans Affairs, EEOC Request No. 05891079 (May 7, 1990); Kotwitz v. U.S. Postal Serv., EEOC Request No. 05880114 (Oct. 25, 1988).
Accordingly, Petitioner's petition is hereby DISMISSED. See 29 C.F.R. � 1614.409.
PETITIONER'S RIGHT TO FILE A CIVIL ACTION (W0610)
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 (Z0610)
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
__7/21/15________________
Date
2
0320150053
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
2
0320150053