03A10030a
04-10-2002
Nathaniel Cooper, Petitioner, v. Paul H. O'Neill, Secretary, Department of the Treasury, Petition No. 03A10030 MSPB No. BN-315H-00-0165-I-1
Nathaniel Cooper v. Department of the Treasury
03A10030
April 10, 2002
.
Nathaniel Cooper,
Petitioner,
v.
Paul H. O'Neill,
Secretary,
Department of the Treasury,
Petition No. 03A10030
MSPB No. BN-315H-00-0165-I-1
DENIAL OF CONSIDERATION
On November 24, 2000, Nathaniel Cooper (hereinafter referred to as
petitioner) filed a petition with the Equal Employment Opportunity
Commission (EEOC) asking for review of the Merit Systems Protection
Board's (Board) final decision issued on his case. The Commission
docketed the petition as EEOC Petition No. 03A10030.
The procedural history of this case is as follows: Petitioner filed
an appeal of his termination from the Department of the Treasury
with the Merit Systems Protection Board on June 27, 2000. The MSPB
Administrative Judge (AJ) issued an Order to Show Cause why his appeal
should not be dismissed for lack of jurisdiction but petitioner failed
to submit argument or evidence and the MSPB AJ determined that the
appeal should be dismissed. The MSPB's Decision dated September 22,
2000, dismissed petitioner's case for lack of jurisdiction based
on the fact that petitioner was a probationary employee at the time
his employment was terminated and because he did not show that his
termination was based on marital status or partisan political reasons.
Consequently, because the petitioner failed to demonstrate that he met
jurisdictional prerequisites, the MSPB also declined to consider his
claims of discrimination based on race and age.
Under 29 C.F.R. 1614.302(c)(2)ii, where the MSPB decides that it lacks
jurisdiction, the agency shall recommence processing a mixed case
complaint as a non-mixed case EEO complaint. See Kimble v. Department
of the Army, Petition No. 03980050 (April 16, 1998). Therefore, this
case is administratively closed, and the matter is referred to the agency
for further processing as outline below.
NOTICE TO PARTIES
The agency shall notify petitioner of the right to contact an EEO
counselor within forty-five (45) days of receipt of this decision, and to
file an EEO complaint, subject to 29 C.F.R. 1614. 107. The date on which
petitioner filed the appeal with the MSPB shall be deemed the date of
initial contact with the EEO counselor. Petitioner shall 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 this decision is received.
COMPLAINANT'S RIGHT TO FILE A CIVIL ACTION (R0900)
This is a decision requiring the agency to continue its administrative
processing of your complaint. However, if you wish to file a civil
action, you have the right to file such action in an appropriate United
States District Court within ninety (90) calendar days from the date
that you receive this decision. In the alternative, you may file a
civil action after one hundred and eighty (180) calendar days of the date
you filed your complaint with the agency, or filed your appeal with the
Commission. 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. Filing a civil
action will terminate the administrative processing of your complaint.
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
April 10, 2002
Date