03a60001
11-17-2005
Linda P. Danner, Petitioner, v. Michael L. Dominguez, Acting Secretary, Department of the Air Force, Agency.
Linda P. Danner v. Department of the Air Force
03A60001
November 17, 2005
.
Linda P. Danner,
Petitioner,
v.
Michael L. Dominguez,
Acting Secretary,
Department of the Air Force,
Agency.
Petition No. 03A60001
MSPB No. SF-0752-05-0566-I-1
DENIAL OF CONSIDERATION
On September 22, 2005, petitioner filed a petition with the Equal
Employment Opportunity Commission asking for review of an Initial Decision
issued by the Merit Systems Protection Board (MSPB) concerning her claim
of discrimination in violation of Title VII of the Civil Rights Act of
1964 (Title VII), as amended, 42 U.S.C. � 2000e et seq. Petitioner,
Club Manager, GS-12 at the agency's Yokota Air Base Officers' Club,
alleged that she was discriminated against on the basis of sex (female)
when, effective March 28, 2005, she was removed from her position.
On March 29, 2005, petitioner filed a mixed case appeal with the
MSPB. The MSPB Administrative Judge (AJ) was informed that a criminal
investigation was underway against petitioner concerning the claims that
gave rise to her removal. The AJ ordered the parties to show cause why
the appeal should not be dismissed without prejudice in order to allow
the criminal proceedings to continue without interference. The agency did
not respond and petitioner did not oppose the AJ's action. Due to policy
considerations and to petitioner's privilege against self-incrimination,
the AJ found it appropriate to dismiss the appeal without prejudice.
The AJ also noted that for timeliness, the original date of filing shall
govern the matter. The Initial Decision provided that petitioner may
re-file no later than 30 days after the first of the following: (1)
the date on which the agency provides actual notice that the criminal
investigation of petitioner has terminated without a charge being
filed against her or (2) the date on which criminal proceedings against
petitioner are concluded at the trial court level.
Inasmuch as the Commission only has jurisdiction to review final decisions
issued by the Board, the Commission finds that petitioner's petition for
review filed with this Commission is premature. The matter is still under
the MSPB's jurisdiction. Petitioner may re-file her petition for review
with the Commission within thirty (30) days after receipt of an MSPB's
final decision on her claim of discrimination. See EEOC Regulation 29
C.F.R. � 1614.303 et seq. Accordingly, EEOC Petition No. 03A60001 is
hereby denied.
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
November 17, 2005
__________________
Date