03a60029
12-29-2005
Steven G. Colbert v. USPS Petition No. 03A60029 December 29, 2005 . Steven G. Colbert, Petitioner, v. John E. Potter, Postmaster General, United States Postal Service, Agency.
Steven G. Colbert v. USPS
Petition No. 03A60029
December 29, 2005
.
Steven G. Colbert,
Petitioner,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Petition No. 03A60029
MSPB No. DE-0752-05-0430-I-1
DENIAL OF CONSIDERATION
Petitioner filed a petition with the Equal Employment Opportunity
Commission (EEOC or Commission) asking for review of the Merit Systems
Protection Board's (MSPB) decision on his case dated November 2, 2005.
Petitioner filed a mixed case complaint alleging discrimination based
on race (Native American) and reprisal when he was denied training and
when he was forced to retire from his position. Petitioner has been
reinstated to his position following a previous appeal to the MSPB.
The agency issued a final decision giving complainant appeal rights to
the MSPB. Thereafter, a MSPB Administrative Judge (AJ) noted that the
matter might involve compliance issues with petitioner's reinstatement
to his position. However, following a prehearing conference, petitioner
withdrew his appeal to the Board. The AJ then issued the instant decision
dismissing the appeal as withdrawn. The decision did not give petitioner
appeal rights to the Commission. Petitioner then filed the instant
petition asking that the Commission to review the matter.
EEOC Regulations provide that the Commission has jurisdiction over
allegations of discrimination raised in connection with an action
appealable to the MSPB. See 29 C.F.R. �1614.302. 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 (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
December 29, 2005
_________________
Date