Butler B. Browder, Petitioner,v.John E. Potter, Postmaster General, United States Postal Service, Agency.

Equal Employment Opportunity CommissionMay 15, 2007
0320070068 (E.E.O.C. May. 15, 2007)

0320070068

05-15-2007

Butler B. Browder, Petitioner, v. John E. Potter, Postmaster General, United States Postal Service, Agency.


Butler B. Browder,

Petitioner,

v.

John E. Potter,

Postmaster General,

United States Postal Service,

Agency.

Petition No. 0320070068

MSPB No. AT0752061072I1

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) concerning his claim of discrimination.

Petitioner filed an EEO complaint alleging discrimination based on race

(Black) and reprisal when he was removed from his mail handler position on

the charges of improper conduct, failure to follow instructions, failure

to follow agency leave requesting procedures, and failure to maintain a

regular work schedule. The agency issued a final agency decision finding

no discrimination. Petitioner then filed the instant appeal with the MSPB

raising his individual claims of discrimination. However, on December

4, 2006, the MSPB dismissed the matter because petitioner entered into a

settlement agreement with the agency. Petitioner alleged he was coerced

to sign the settlement agreement and filed a petition with the Board. The

Board upheld the dismissal. Neither the initial decision nor the Board's

decision 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 matter because petitioner entered into a settlement agreement. 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. Further, the Commission has no jurisdiction over settlement

agreements entered into before the Board. 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

May 15, 2007

__________________

Date

2

0320070068

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

Office of Federal Operations

P. O. Box 19848

Washington, D.C. 20036

2

0320070068