03a60008
11-08-2005
Robert T. Prentice v. Dept. of the Air Force Petition No. 03A60008 November 8, 2005 . Robert T. Prentice, Petitioner, v. Michael L. Dominguez, Acting Secretary, Department of the Air Force, Agency.
Robert T. Prentice v. Dept. of the Air Force
Petition No. 03A60008
November 8, 2005
.
Robert T. Prentice,
Petitioner,
v.
Michael L. Dominguez,
Acting Secretary,
Department of the Air Force,
Agency.
Petition No. 03A60008
MSPB No. SF-3443-04-0748-I-1
DENIAL OF CONSIDERATION
Petitioner filed a petition with the Equal Employment Opportunity
Commission (EEOC or Commission) asking for review of the Merit Systems
Protection Board's (MSPB) final decision on his case dated August 30,
2005.
Petitioner applied for the position of Accounting Technician,
GS-0525-07. Petitioner was not selected for the position and he filed
an appeal with the Department of Labor asserting that the agency failed
to properly apply his veteran's preference rights under the Veterans
Employment Opportunities Act of 1998 (VEOA). When he did not prevail
on his claims, he filed the instant appeal with the MSPB. The MSPB
determined that it had jurisdiction over the appeal under 5 U.S.C. � 3330
(a), (d) and when petitioner did not request a hearing, issued a decision
on the record. In an initial decision, the MSPB Administrative Judge
found that the agency's selection of another individual did not violate
petitioner's rights under the VEOA. The decision did not give petitioner
appeal rights to the Commission. Petitioner sought review by the full
Board, which denied his request. The Board's final order did not give
appeal rights to the Commission.
EEOC Regulations provide that the Commission has jurisdiction over
allegations of discrimination raised in connection with an action
appealable to the MSPB. See 29 C.F.R. �1614.302. Because the MSPB
did not address any matters within the Commission's jurisdiction,
the Commission has no jurisdiction to review petitioner's case. <1>
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
November 8, 2005
_________________
Date
1Petitioner raised claims of age and disability discrimination in his
appeal before the Board as well as in his petition to the Commission.
These were not addressed by the MSPB because jurisdiction was accepted
under 5 U.S.C. � 3330(a), (d). To the extent that he wishes to pursue
these matters regarding his application for employment, he should contact
the agency's EEO office.