03a60038
02-21-2006
Chin C. Chang, Petitioner, v. Dr. Donald C. Winter, Secretary, Department of the Navy, Agency.
Chin C. Chang v. Department of the Navy
03A60038
February 21, 2006
.
Chin C. Chang,
Petitioner,
v.
Dr. Donald C. Winter,
Secretary,
Department of the Navy,
Agency.
Petition No. 03A60038
MSPB No. SF-0752-04-0470-I-1
DECISION
Petitioner filed a timely 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 was a Mechanical Engineer, GS-11, in the Engineering Department
of a maintenance center at the Marine Corps Logistic Base, Barstow,
California. He had worked for the agency for 20 years. He alleged that
he was discriminated against on the basis of national origin (Asian)
and reprisal (prior EEO activity) when he was suspended for 20 days<1>
for failure to complete work assignments and failure to provide status
on work assignments. Petitioner filed a mixed case appeal with the MSPB.
After a hearing, the Administrative Judge (AJ) found sufficient evidence
to sustain the agency's charges. The AJ also noted that there was
a problem with petitioner's attitude towards his supervisor and that
petitioner had been disciplined in the past for similar conduct. The
AJ found that petitioner was not discriminated against as alleged.
The Board denied petitioner's petition for review.
EEOC regulations provide that the Commission has jurisdiction over
mixed case appeals on which the MSPB has issued a decision that makes
determinations on allegations of discrimination. 29 C.F.R. � 1614.303
et seq. The Commission must determine whether the decision of the
MSPB with respect to the allegation of discrimination constitutes a
correct interpretation of any applicable law, rule, regulation or policy
directive, and is supported by the evidence in the record as a whole.
29 C.F.R. � 1614.305(c).
Based upon a thorough review of the record and for the foregoing reasons,
it is the decision of the Commission to concur with the final decision
of the MSPB finding no discrimination. The Commission finds that the
MSPB's decision constitutes a correct interpretation of the laws, rules,
regulations, and policies governing this matter and is supported by the
evidence in the record as a whole.
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
February 21, 2006
__________________
Date
1The suspension was originally proposed for 45 days, but reduced to 20
days.