0320180022
01-18-2018
Hattie K.,1 Petitioner, v. Elaine L. Chao, Secretary, Department of Transportation (Federal Highway Administration), Agency.
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
Hattie K.,1
Petitioner,
v.
Elaine L. Chao,
Secretary,
Department of Transportation
(Federal Highway Administration),
Agency.
Petition No. 0320180022
MSPB No. DA-0752-18-0010-I-1
DENIAL
On December 27, 2017, Petitioner filed a petition with the Equal Employment Opportunity Commission (Commission) seeking review of a final decision issued by the Merit Systems Protection Board (MSPB) concerning his appeal. The MSPB's decision, which was issued on December 11, 2017, was an initial decision by an Administrative Judge that dismissed Petitioner's appeal as being filed in an untimely manner with no good cause for the delay.2
EEOC Regulations provide that the Commission has jurisdiction over mixed case appeals and complaints on which the MSPB has issued a decision that makes determinations on allegations of discrimination. 29 C.F.R. � 1614.303 et seq. Here, the MSPB dismissed Petitioner's appeal for being untimely. The Commission has no jurisdiction over these types of procedural determinations by the MSPB. Because the MSPB's decision did not address any matters within the Commission's jurisdiction, the Commission has no jurisdiction to review Petitioner's case.
Consequently, the Commission will DENY consideration of the petition for review.
PETITIONER'S RIGHT TO FILE A CIVIL ACTION (W0610)
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 (Z0815)
If you want to file a civil action but cannot pay the fees, costs, or security to do so, you may request permission from the court to proceed with the civil action without paying these fees or costs. Similarly, if you cannot afford an attorney to represent you in the civil action, you may request the court to appoint an attorney for you. You must submit the requests for waiver of court costs or appointment of an attorney directly to the court, not the Commission. The court has the sole discretion to grant or deny these types of requests. Such requests do not alter the time limits for filing a civil action (please read the paragraph titled Complainant's Right to File a Civil Action for the specific time limits).
FOR THE COMMISSION:
______________________________ Carlton M. Hadden's signature
Carlton M. Hadden, Director
Office of Federal Operations
__1/18/18________________
Date
1 This case has been randomly assigned a pseudonym which will replace Petitioner's name when the decision is published to non-parties and the Commission's website.
2 The record indicated that although Petitioner was removed, effective August 17, 2017, he did not file his appeal until September 27, 2017, which was nine days after the filing date expired.
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