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