Timothy Kriete Petitioner, v . William J. Henderson, Postmaster General, United States Postal Service, Agency.

Equal Employment Opportunity CommissionMar 16, 2001
03a10053 (E.E.O.C. Mar. 16, 2001)

03a10053

03-16-2001

Timothy Kriete Petitioner, v . William J. Henderson, Postmaster General, United States Postal Service, Agency.


Timothy Kriete v. USPS

03A10053

March 16, 2001

.

Timothy Kriete

Petitioner,

v

.

William J. Henderson,

Postmaster General,

United States Postal Service,

Agency.

Petition No. 03A10053

MSPB No. CH-0752-00-0359-C-1

DENIAL OF CONSIDERATION

On October 6, 2000, Timothy Kriete (hereinafter referred to as petitioner)

filed a petition with the Equal Employment Opportunity Commission (EEOC)

regarding the Merit Systems Protection Board's (MSPB or the Board) final

decision on his case. The petition is governed by the Civil Service

Reform Act of 1978 and EEOC Regulations at 29 C.F.R. �1614.101 et seq.

Petitioner filed an appeal with the MSPB in March 2000. According to an

Initial Decision dated June 8, 2000, the parties entered into a settlement

agreement, the terms of which resolved the matter. In that decision, the

Board indicated that it retained jurisdiction for enforcement purposes.

Thereafter petitioner filed the instant petition with the Commission

seeking to enforce the settlement agreement. By letter dated March 2,

2001, the MSPB informed the Commission that petitioner had a petition

for enforcement pending before the Board.

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. The Commission has no

jurisdiction over procedural matters decided by the Board, as is the case

here, where the matter was settled and the Board retains jurisdiction

over enforcement matters. 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.

STATEMENT OF PETITIONER'S RIGHTS

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 16, 2001

__________________

Date