03a50016
03-14-2005
Richard L. Alexander, Petitioner, v. Kenneth Y. Tomlinson, Chairman, Broadcasting Board of Governors, (International Broadcasting Bureau), Agency.
Richard L. Alexander v. Broadcasting Board of Governors
03A50016
March 14, 2005
.
Richard L. Alexander,
Petitioner,
v.
Kenneth Y. Tomlinson,
Chairman,
Broadcasting Board of Governors,
(International Broadcasting Bureau),
Agency.
Petition No. 03A50016
MSPB No. DC-0752-01-0160-I-1
DECISION
On December 1, 2004, the 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 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. and the Age
Discrimination in Employment Act of 1967 (ADEA), as amended, 29 U.S.C. �
621 et seq. The petitioner claimed that he was discriminated against
based on race (African-American), age (born in 1941), and reprisal for
EEO activity when he received a notice of removal effective January 3,
2000 separating him from the position of Supervisory Broadcast Technician,
GS-12.<1>
On December 7, 2000, the petitioner filed a mixed case appeal with
the MSPB. After a hearing, the Administrative Judge upheld the removal
and found no discrimination. Because the two Board members could not
agree on the disposition of the petitioner's petition for review, the
initial decision became the Board's final decision. The Board members
issued separate decisions disagreeing over aspects of civil service law.
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 a
correct interpretation of any applicable law, rule, regulation or policy
directive, and is supported by the evidence in the record as a whole.
29 C.F.R. � 1614.305(c).
Based upon a thorough review of the record, it is the decision of
the Commission to concur with the final decision of the MSPB finding
no discrimination. The Commission finds that the MSPB's decision
constitutes a correct interpretation of the laws, rules, regulations,
and policies governing this matter and is supported by the evidence in
the record as a whole.
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
March 14, 2005
__________________
Date
1The petitioner retired effective December 31, 1999 in lieu of being
terminated on January 3, 2000.