0320090028
01-04-2010
Deirdre M. Braud, Petitioner, v. Timothy F. Geithner, Secretary, Department of the Treasury, Agency.
Deirdre M. Braud,
Petitioner,
v.
Timothy F. Geithner,
Secretary,
Department of the Treasury,
Agency.
Petition No. 0320090028
MSPB No. CH315H090181I1
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 was employed as a Contract Representative in Detroit,
Michigan. She was removed from her position during her probationary
period for inappropriate conduct towards a supervisor. Petitioner filed an
appeal with the MSPB. Petitioner did not raise claims of discrimination
in her appeal or before the Board. Petitioner basically argued that her
termination was "unfair" and no one wanted to hear her side of the story.
An MSPB Administrative Judge (AJ) issued an initial decision dismissing
the matter for lack of jurisdiction because petitioner was a probationary
employee and was not alleging that her termination was due to marital
status or partisan political activity. Petitioner sought review of the
dismissal by the full Board which denied her petition. Petitioner also
filed in the U.S. Court of Appeals for the Federal Circuit.
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. Petitioner was a probationary
employee and admitted that her MSPB appeal did not involve claims
related to her marital status or partisan political activity. Further,
petitioner did not raise claims of discrimination with the Board, nor
does she raise any in her petition with the Commission. 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.
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 (Z1008)
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 from the Court that
the Court appoint an attorney to represent you and that the Court also
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 with
the Court 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
January 4, 2010
__________________
Date
2
0320090028
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
2
0320090028