03A30012
12-18-2002
Michelle E. Mang, Petitioner, v. Anthony J. Principi, Secretary, Department of Veterans Affairs, Agency.
Michelle E. Mang v. Dept. Of Veterans Affairs
03A30012
December 18, 2002
.
Michelle E. Mang,
Petitioner,
v.
Anthony J. Principi,
Secretary,
Department of Veterans Affairs,
Agency.
Petition No. 03A30012
MSPB No. SE-0752-00-0029-I-2
DENIAL OF CONSIDERATION
Petitioner filed a timely petition with the Equal Employment Opportunity
Commission (EEOC or Commission) asking for review of the final decision
of the Merit Systems Protection Board (MSPB or Board) on her case. The
petition is governed by the Civil Service Reform Act of 1978 and EEOC
Regulations at 29 C.F.R. �1614.101et seq.
Petitioner was removed from her position of Social Science Program
Specialist on charges of neglience in documenting the care of patients. In
her appeal to the MSPB, petitioner, when asked whether she was raising
discrimination on any basis within the Commission's jurisdiction<1>,
typed that she was not alleging �discrimination on basis (sic) of any
classifications stated herein, but I do allege discrimination on the
basis of my service in the United States armed forces.� Petitioner,
at that time, was represented by an attorney. In the summary of the
pre-hearing conference, answers to interrogatories, her memorandum
regarding jurisdiction, and in the initial decision it was made clear
that petitioner was raising discrimination only in connection with
her military status. The initial decision upheld petitioner's removal
and did not address any discrimination matters within the Commission's
jurisdiction. Because the two Board members issued separate opinions,
the initial decision became the final decision of the Board.
EEOC Regulations provide that the Commission has jurisdiction over
mixed case appeals 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 is the case here, where there are no discrimination claims within
the Commission's jurisdiction addressed by the Board. A person's status
as a member of the military or a veteran is not a basis over which the
Commission has jurisdiction. Because the MSPB decisions did not address
any matters within the Commission's jurisdiction, the Commission has no
jurisdiction to review petitioner's case. Consequently, the Commission
denies consideration of 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 18, 2002
__________________
Date
1Specifically, the MSPB form states �If you believe you were discriminated
against by the agency, in connection with the matter appealed, because
of your race, color, religion, sex, national origin, marital status,
political affiliation, disability, or age, indicate so and explain why
you believe it to be true.�