0320070089
08-08-2007
Linda J. Solomon, Petitioner, v. Linda M. Springer, Director, Office of Personnel Management, Agency.
Linda J. Solomon,
Petitioner,
v.
Linda M. Springer,
Director,
Office of Personnel Management,
Agency.
Petition No. 0320070089
MSPB No. DC-0845-06-0793-I-1
DENIAL OF CONSIDERATION
On June 29, 2007, petitioner filed a timely petition with the Equal
Employment Opportunity Commission asking for review of a Final Order
issued by the Merit Systems Protection Board (MSPB) concerning her
claim regarding the agency's decision finding that she had received an
overpayment of benefits under the Federal Employees Retirement System
and denying her request for a waiver of the overpayment.
The MSPB Administrative Judge (AJ) issued an Initial Decision on December
22, 2006, addressing the matter raised by petitioner as noted above.
The matter before the MSPB did not raise a claim of discrimination under
any of the laws enforced by the Commission. EEOC Regulations provide
that the Commission has jurisdiction over mixed case complaints 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 has
no jurisdiction over matters decided by the Board, as raised in the
case here. 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
August 8, 2007
__________________
Date
2
0320070089
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P. O. Box 19848
Washington, D.C. 20036
2
0320070089