Kristopher D. Slaghtv.Dept. of Agriculture Petition No. 03A40088 June 16, 2004 . Kristpopher D. Slaght, Petitioner, v. Ann M. Veneman, Secretary, Department of Agriculture, Agency.

Equal Employment Opportunity CommissionJun 16, 2004
03a40088 (E.E.O.C. Jun. 16, 2004)

03a40088

06-16-2004

Kristopher D. Slaght v. Dept. of Agriculture Petition No. 03A40088 June 16, 2004 . Kristpopher D. Slaght, Petitioner, v. Ann M. Veneman, Secretary, Department of Agriculture, Agency.


Kristopher D. Slaght v. Dept. of Agriculture

Petition No. 03A40088

June 16, 2004

.

Kristpopher D. Slaght,

Petitioner,

v.

Ann M. Veneman,

Secretary,

Department of Agriculture,

Agency.

Petition No. 03A40088

MSPB No. SF-0752-03-0327-I-2

DENIAL OF CONSIDERATION

Petitioner filed a petition with the Equal Employment Opportunity

Commission (EEOC or Commission) asking for review of the Merit Systems

Protection Board's (MSPB) decision on his case dated February 23, 2004.

Petitioner was removed from his position of Electronics Technician

GS-0856-09 for the use of offensive remarks and disruptive and disturbing

behavior. He filed an appeal with the MSPB. On May 30, 2003, the appeal

was dismissed without prejudice in order to pursue mediation. However,

in order to refile his appeal, petitioner was instructed that he could

file a �one line letter indicating his desire to do so� no later than

December 1, 2003. Petitioner refiled his appeal on December 9, 2003. The

MSPB dismissed the appeal for being untimely filed. The AJ did not

address any discrimination claims and petitioner was not given appeal

rights to the Commission.

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. Because the MSPB

did not address any matters within the Commission's jurisdiction, the

Commission has no jurisdiction to review petitioner's case regarding

his removal. Further, the Commission has no jurisdiction over procedural

matters of the MSPB such as the timeliness of an appeal. Consequently,

the Commission denies the petition for review.

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

June 16, 2004

_________________

Date