03a10006
01-05-2001
Charles D. Thompson Petitioner, v . Janet Reno, Attorney General, Department of Justice, Agency.
Charles D. Thompson v. Dept. of Justice
03A10006
January 5, 2001
.
Charles D. Thompson
Petitioner,
v
.
Janet Reno,
Attorney General,
Department of Justice,
Agency.
Petition No. 03A10006
MSPB No. SF-0353-00-0201-I-1
DENIAL OF CONSIDERATION
On September 18, 2000, Charles D. Thompson (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 dated January 8, 2000,
concerning the agency's denial of his restoration rights and his
termination from the agency effective March 29, 1972. The MSPB dismissed
the appeal, finding that the matters were barred by the doctrines
of collateral estoppel and res judicata. In the initial decision,
the MSPB Administrative Judge (AJ) set out the procedural history which
showed that petitioner started litigating his termination in 1977 and in
August 1977 the United States District Court for the Northern District
of California entered a judgment in favor of the agency, finding that
petitioner's termination was based on unsatisfactory performance and not
because of discrimination. Petitioner appealed the matter and also filed
subsequent claims with the District Court in 1984 and 1992 attempting to
re-litigate the matter, and the claims were dismissed under the doctrine
of res judicata. The AJ noted that the MSPB had twice adjudicated
petitioner's entitlement to restoration/reinstatement rights - in 1985
and 1987 - and that the doctrine of collateral estoppel applied to those
claims. When petitioner requested a review of the initial decision,
the MSPB denied the request on the grounds that it failed to meet the
statutory criteria therefor.
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 it determined that petitioner's appeal was barred by
the doctrines of collateral estoppel and res judicata. 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
PETITIONERS' RIGHT TO FILE A CIVIL ACTION (W0400)
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
January 5, 2001
__________________
Date