0320130033
09-19-2013
James Outlaw, Petitioner, v. John M. McHugh, Secretary, Department of the Army, Agency.
James Outlaw,
Petitioner,
v.
John M. McHugh,
Secretary,
Department of the Army,
Agency.
Petition No. 0320130033
MSPB No. DE0752110279I2
DENIEL OF CONSIDERATION
On June 27, 2013, Petitioner filed a petition with the Equal Employment Opportunity Commission asking for review of an October 19, 2012 final decision issued by the Merit Systems Protection Board (MSPB). For the reasons set forth in this decision, Petitioner's request is DENIED.
BACKGROUND
The MSPB issued a Final Order on October 19, 2012. In its decision, the MSPB, in pertinent part, upheld the April 6, 2012 determination of an MSPB Administrative Judge (AJ) that a July 27, 2011 settlement agreement between the parties resolved Petitioner's appeal. Pursuant to the AJ's determination, Petitioner's appeal was dismissed. Although he was not provided appeal rights to the Equal Employment Opportunity Commission, Petitioner, approximately eight (8) months after the Final Order was issued, seeks our review of the MSPB's decision.
ANALYSIS AND FINDINGS
EEOC Regulations provide that the Commission has jurisdiction over mixed case appeals on which the MSPB has issued a decision that makes determinations on allegations of discrimination. 29 C.F.R. � 1614.303 et seq. The Commission must determine whether the decision of the MSPB with respect to the allegations of discrimination constitutes a correct interpretation of any applicable law, rule, regulation or policy directive, and is supported by the evidence in the record as a whole. 29 C.F.R. � 1614.305(c).
In the present case, however, we find that, even if Petitioner had sought our review of this matter in a timely fashion, the Commission has no jurisdiction in this matter because the MSPB's decisions have not addressed an allegation of discrimination. The MSPB's determination regarding Petitioner's settlement agreement with the Agency that resolved his MSPB appeal is clearly a procedural matter that the Commission cannot review. Accordingly, we DENY consideration of this matter. EEOC Petition No. 0320130033 is hereby administratively closed.
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 (Z0610)
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
____9/19/13______________
Date
2
0320130033
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013