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