03a60092
07-14-2006
Voncille O. Stukes, Petitioner, v. Michael Chertoff, Secretary, Department of Homeland Security, Agency.
Voncille O. Stukes,
Petitioner,
v.
Michael Chertoff,
Secretary,
Department of Homeland Security,
Agency.
Petition No. 03A60092
MSPB No. DC0752050365I1
DENIAL OF CONSIDERATION
Petitioner filed a petition with the Equal Employment Opportunity
Commission asking for review of a Final Order issued by the Merit Systems
Protection Board (MSPB) on her case dated November 17, 2005
Petitioner alleged that she was discriminated against on the bases
of disability and reprisal when she was removed from her position for
insubordination. A hearing was held and thereafter an MSPB AJ issued
an initial decision finding no discrimination or reprisal. Petitioner
sought review by the full Board, which denied her petition on November
17, 2005.
A copy of the certified mail return receipt card reveals that the Board's
final order was received by petitioner's attorney of record on November
21, 2005. When petitioner designates an attorney as representative,
time frames for receipt of materials shall be computed from the time of
receipt by the attorney. 29 C.F.R. � 1614.605(d). The petitioner shall
at all times be responsible for proceeding with the complaint whether
or not she has designated a representative. 29 C.F.R. � 1614.605(e).
A review of the Board's decision reveals that the MSPB properly advised
petitioner that she had thirty (30) calendar days after receipt of its
decision to file her appeal with the Commission. Therefore in order
to be considered timely, petitioner had to file her appeal no later
than December 21, 2005. However, petitioner's notice of appeal is
dated June 5, 2006. Petitioner has not offered adequate justification
for an extension of the applicable time limits for filing her petition.
29 C.F.R. � 1614.303(c). 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
July 14, 2006
__________________
Date
2
03A60092
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P. O. Box 19848
Washington, D.C. 20036
2
03A60092