Linda J. Solomon, Petitioner,v.Linda M. Springer, Director, Office of Personnel Management, Agency.

Equal Employment Opportunity CommissionAug 8, 2007
0320070089 (E.E.O.C. Aug. 8, 2007)

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