03a60022
12-12-2005
Joseph Sellman v. USPS Petition No. 03A60022 December 12, 2005 . Joseph Sellman, Petitioner, v. John E. Potter, Postmaster General, United States Postal Service, Agency.
Joseph Sellman v. USPS
Petition No. 03A60022
December 12, 2005
.
Joseph Sellman,
Petitioner,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Petition No. 03A60022
MSPB No. NY-0752-98-0268-A-2
DENIAL OF CONSIDERATION
Petitioner filed a petition with the Equal Employment Opportunity
Commission (EEOC or Commission) asking for review of the Merit Systems
Protection Board's (MSPB) final decision on his case dated September
20, 2005.
Petitioner was initially filed an appeal with the MSPB in May 1998
regarding his demotion from Supervisor, Customer Services to a City
Carrier position. The matter was settled. Petitioner filed petitions for
enforcement seeking attorney's fees and alleging breach of the settlement
agreement. Meanwhile, he also filed EEO complaints which were adjudicated
by the Commission, and in which there was a finding of discrimination.
In March 2005, petitioner filed another petition for enforcement with
the MSPB. In an initial decision, the Administrative Judge dismissed the
petition as untimely filed. Petitioner sought review by the full Board
which denied his petition. Neither the initial decision nor the Board's
decision gave petitioner appeal rights to the Commission. Petitioner
then filed the instant petition with the Commission
EEOC Regulations provide that the Commission has jurisdiction over
allegations of discrimination raised in connection with an action
appealable to the MSPB. See 29 C.F.R. �1614.302. However, the instant
petition concerns not only matters settled before the MSPB and over which
the MSPB has enforcement authority, but it also deals with the procedural
issue of timeliness before 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 (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
December 12, 2005
_________________
Date