03a10046
02-22-2001
Gloria A. Swanson Petitioner, v. William J. Henderson, Postmaster General, United States Postal Service, Agency.
Gloria A. Swanson v. USPS
03A10046
February 22, 2001
.
Gloria A. Swanson
Petitioner,
v.
William J. Henderson,
Postmaster General,
United States Postal Service,
Agency.
Petition No. 03A10046
MSPB No. DE-0353-99-0129-I-2
DENIAL OF CONSIDERATION
On November 27, 2000, Gloria A. Swanson (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 her 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.
The record indicates that petitioner was removed from her position for
medical-inability-to-perform reasons. Petitioner filed an appeal with the
MSPB and alleged that her removal was discriminatory based on her race.<1>
In an initial decision dated March 2, 2000, the MSPB upheld petitioner's
removal and found there was no discrimination based on race. The final
Order of the MSPB, dated October 26, 2000 denied petitioner's request
for review of the initial decision on the grounds that it failed to
meet the statutory criteria therefor.
On February 5, 2001, the MSPB advised the Commission that petitioner had
filed an appeal with the court. Further documents provided by the MSPB on
February 13, 2001 show that petitioner filed a petition for review with
the United States Court of Appeals for the Federal Circuit on December
26, 2000 and it was docketed as No. 01-3112. Because petitioner already
has appealed the MSPB's decision to the Federal Circuit, she may not also
file a petition for review on the same matter. See 29 C.F.R. �1614.409.
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
February 22, 2001
__________________
Date
CERTIFICATE OF MAILING
For timeliness purposes, the Commission will presume that this decision
was received within five (5) calendar days after it was mailed. I certify
that this decision was mailed to petitioner, petitioner's representative
(if applicable), the MSPB, and the agency on:
__________________
Date
______________________________
1Petitioner did not allege discrimination based on disability.