0320090069
08-18-2009
Lawrence V. Wilder, Petitioner, v. John Berry, Director, Office of Personnel Management, Agency.
Lawrence V. Wilder,
Petitioner,
v.
John Berry,
Director,
Office of Personnel Management,
Agency.
Petition No. 0320090069
MSPB No. PH1221090109W1
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 alleged that he was discriminated
against on the basis of reprisal for prior protected EEO activity under
an EEO statute that was unspecified in the record when the agency failed
to provide him with assistance he requested regarding reemployment.
Petitioner indicated that he had psychiatric disability in his appeal
to the MSPB.
Following an Order To Show Cause regarding his competency, an MSPB
Administrative Judge (AJ) issued an initial decision dismissing the
matter without prejudice. The AJ indicated that petitioner could re-file
his appeal upon a showing that he was competent to pursue the matter or
upon obtaining representation. Petitioner sought review by the full Board
which denied his request. Petitioner then filed the instant petition,
but made no arguments.
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 with the right to re-file. 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
August 18, 2009
__________________
Date
2
0320090069
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
2
0320090069