Service

Equal Employment Opportunity CommissionJul 31, 2006
01A60819 (E.E.O.C. Jul. 31, 2006)

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