01A60819
07-31-2006
Service
July 31, 2006
David A. Greenidge
P.O.B.511
Grant, FL 32949-0511
Re: Greenidge v. United States Postal
Service
EEOC Appeal No. 01A60819
Agency Case Nos. 4H-327-0066-04; 4H-327-0186-03
Dear Mr. Greenidge:
The record listed under the above referenced docket number 01A60819 is
being closed for the following reasons:
In the instant appeal (filed November 16, 2005), you assert that you
are appealing "the FAD and Final Order" of the [MSPB] regarding your
constructive resignation. Once the MSPB AJ's decision dismissing your
complaint for lack of jurisdiction became final (on September 12, 2005),
the agency was required to reissue a notice under 29 C.F.R � 1614.108(f)
giving you the right to elect between a hearing before an administrative
judge and an immediate final decision. See 29 C.F.R. � 1614.1302(b).
Consequently, the Commission does not currently have jurisdiction over
your appeal.
You additionally assert that the instant appeal encompasses "the
FAD regarding the first two complaints." which we deem to be the
January 12, 2005 FAD, addressing Agency No. 4H-327-0186-03.1 You have
already previously appealed the January 12, 2005 FAD to the Commission,
however, and the appeal has been docketed as EEOC Appeal No. 01A52532.
Accordingly, the instant appeal of the FAD in Agency No. 4H-327-0186-03
is a duplicate of Appeal No. 01A52532, which is already being processed
by the Office of Federal Operations.
FOR THE COMMISSION:
______________________________
Carlton M. Hadden, Director
Office of Federal Operations
1 In that complaint, you alleged discrimination when: (a) on June 9,
2003, you were sent to POS training although your medical conditions
prohibited your use of a keyboard; and, (b) on July 25, 2003, you were
denied the opportunity to work your bid assignment at the Indialantic
Branch.
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U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Washington, D.C. 20507