0320080082
08-08-2008
Aleksandr J. Stoyanov, Petitioner, v. Dr. Donald C. Winter, Secretary, Department of the Navy, Agency.
Aleksandr J. Stoyanov,
Petitioner,
v.
Dr. Donald C. Winter,
Secretary,
Department of the Navy,
Agency.
Petition No. 0320080082
MSPB No. PH1221070589W1
DENIAL OF CONSIDERATION
Petitioner filed a petition with the Equal Employment Opportunity
Commission asking for review of a Final Order issued by the Merit Systems
Protection Board (MSPB).
Petitioner filed an individual right of action (IRA) appeal to the MSPB,
asserting that the agency refused to consider his applications for
various positions because of his whistleblowing activities. The record
reflects that petitioner was submitting applications to the agency which
gave the impression that he was an agency employee when in fact he was
not. Eventually, the Office of Personnel Management (OPM) determined
that petitioner was ineligible to apply for positions and debarred him
from competition for, or appointment to, any position in the competitive
Federal service until February 3, 2010.
An MSPB Administrative Judge (AJ) issued an initial decision dismissing
the matter for lack of jurisdiction, finding that petitioner failed
to make a non-frivolous allegation of a disclosure that he believed
evidenced a violation of law, rule, or regulation, or an abuse of
authority. The AJ noted that the majority of petitioner's allegations
were conclusory allegations lacking in specificity. The AJ noted that
disclosures regarding discrimination claims and harassment are not
protected disclosures for the purposes of the Whistleblower Protection
Act. Petitioner sought review by the full Board, which denied his
petition. Petitioner then filed the instant petition. Neither of the
Board's decisions gave petitioner 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. 29 C.F.R. � 1614.302. Here, the MSPB dismissed
the appeal for lack of jurisdiction because petitioner failed to raise
a "non-frivolous allegation". The Commission has no jurisdiction over
procedural matters of the Board. Because the MSPB did not address any
matters within the Commission's jurisdiction, the Commission has no
jurisdiction to review petitioner's case. Consequently, the Commission
denies the petition for review.1
PETITIONER'S RIGHT TO FILE A CIVIL ACTION (W0408)
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 (Z0408)
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
August 8, 2008
__________________
Date
1 To the extent petitioner is alleging a reprisal claim under Title VII
of the Civil Rights Act of 1964, the Commission notes that the record
establishes that OPM made the determination as to his eligibility to
apply for federal positions. As such, petitioner should contact OPM
for EEO counseling to the extent he wishes to file any Title VII claims
against it.
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0320080082
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P. O. Box 19848
Washington, D.C. 20036