03A40054
03-17-2004
Julian S. Jones, Petitioner, v. John E. Potter, Postmaster General, United States Postal Service, Agency.
Julian S. Jones v. United States Postal Service
03A40054
March 17, 2004
.
Julian S. Jones,
Petitioner,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Petition No. 03A40054
MSPB No. AT-0752-02-0517-I-1
DECISION
On February 3, 2004, Julian S. Jones (petitioner) timely filed a petition
with the Equal Employment Opportunity Commission (the Commission)
for review of the final order of the Merit Systems Protection Board
(MSPB) issued January 6, 2004<1>, concerning his allegations of
discrimination based on reprisal for prior EEO activity in violation of
Title VII of the Civil Rights Act of 1964 (Title VII), as amended, 42
U.S.C. � 2000e et seq. when the agency removed petitioner from federal
service for �failure to follow instructions�. The petition is governed
by 29 C.F.R. � 1614.303 et seq. The MSPB found that the agency did not
engage in discrimination as alleged by petitioner.
Based upon a thorough review of the record, it is the decision of
the Commission to CONCUR with the final decision of the MSPB finding
no discrimination. The Commission finds that the Board'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
March 17, 2004
__________________
Date
1The final order denied petitioner's petition
for review, which made the MSPB's initial decision issued on February 4,
2003 its final decision.