0320080028
03-04-2008
Yuri J. Stoyanov, Petitioner, v. Dr. Donald C. Winter, Secretary, Department of the Navy, Agency.
Yuri J. Stoyanov,
Petitioner,
v.
Dr. Donald C. Winter,
Secretary,
Department of the Navy,
Agency.
Petition No. 0320080028
MSPB No. DC1221070615W1
DECISION
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) concerning his claim of discrimination
in violation of Title VII of the Civil Rights Act of 1964 (Title VII),
as amended, 42 U.S.C. � 2000e et seq.
Petitioner alleged that he was discriminated against on the basis of
reprisal when he was subjected to harassment regarding various terms and
conditions of his employment. Petitioner filed an Individual Right of
Action appeal with the MSPB alleging these actions were taken in reprisal
for whistleblowing, as well as for his EEO activity.
A MSPB Administrative Judge (AJ) issued an initial decision dismissing
the matter for lack of jurisdiction finding that petitioner did not
prove his IRA appeal and as such the Board had no jurisdiction over
the matter. Petitioner sought review by the full Board, which denied
his petition. Neither the initial decision nor the final order gave
petitioner appeal rights to the Commission.
When the MSPB has denied jurisdiction in such matters, the Commission
has held that there is little point in continuing to view the matter
as a "mixed case" as defined by 29 C.F.R. � 1614.302(a). Thus, the
case will be considered a "non-mixed" matter and processed accordingly.
See generally Schmitt v. Dept. of Transportation, EEOC Appeal No. 01902126
(July 9, 1990); Phillips v. Dept. of the Army, EEOC Request No. 05900883
(October 12, 2990); 29 C.F.R. � 1614.302(c)(2)(i) and (ii). In accordance
with these principles, Petition No. 0320080028 hereby is administratively
closed, and the matter is referred to the agency for further processing
as outlined below.1
NOTICE TO THE PARTIES
Petitioner is advised by operation of 29 C.F.R. � 1614.302(c)(2)(ii),
the agency is required to process his allegations of discrimination as a
"non-mixed" matter pursuant to 29 C.F.R. � 1614.109 et seq. The agency
shall acknowledge to petitioner that it has received the remanded matter
within thirty (30) days of the date this decision becomes final. When the
investigation is complete, the agency shall issue to the petitioner
a copy of the investigative file and also notify the petitioner of the
right to a hearing before an EEOC Administrative Judge, unless the matter
is otherwise resolved prior to that time.2 If petitioner requests a final
decision without a hearing, the agency shall issue a final decision within
sixty (60) days of receipt of petitioner's request. Petitioner shall 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 the decision is received.
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 4, 2008
__________________
Date
1 The Commission has no jurisdiction to address IRA claims.
2 The record indicates that petitioner filed an EEO complaint with the
agency on the same matters raised herein. However, it is unclear from
the record as to the current status of that complaint.
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0320080028
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P. O. Box 19848
Washington, D.C. 20036
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0320080028