Gloria A. Swanson Petitioner,v.William J. Henderson, Postmaster General, United States Postal Service, Agency.

Equal Employment Opportunity CommissionFeb 22, 2001
03a10046 (E.E.O.C. Feb. 22, 2001)

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.