Thomas G. Calabrese, Petitioner,v.Linda M. Springer, Director, Office of Personnel Management, Agency.

Equal Employment Opportunity CommissionFeb 8, 2007
0320070041 (E.E.O.C. Feb. 8, 2007)

0320070041

02-08-2007

Thomas G. Calabrese, Petitioner, v. Linda M. Springer, Director, Office of Personnel Management, Agency.


Thomas G. Calabrese,

Petitioner,

v.

Linda M. Springer,

Director,

Office of Personnel Management,

Agency.

Petition No. 0320070041

MSPB No. SF844E060798I1

DENIAL OF CONSIDERATION

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 his claim for disability

retirement.

Briefly, petitioner's application for disability retirement was rejected

by the agency as untimely filed. Petitioner sought reconsideration by

the agency which disallowed his application. Petitioner then appealed to

the MSPB. While the appeal with the MSPB was pending, the agency notified

the MSPB that it had reviewed the matter and concluded that petitioner's

employing agency had failed to properly inform him of the time limits

for applying for disability retirement, and that his application would be

deemed timely. The agency then rescinded its reconsideration decision.

Thus, the MSPB determined that it no longer had jurisdiction over the

matter.

EEOC regulations provide that the Commission has jurisdiction over

allegations of discrimination raised in connection with an action

appealable to the MSPB. 29 C.F.R. � 1614.302. Here, the MSPB dismissed

the appeal because the agency rescinded its decision and petitioner's

application was found to be timely. The Commission has no jurisdiction

over procedural matters of the Board. 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

February 8, 2007

__________________

Date

2

0320070041

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

Office of Federal Operations

P. O. Box 19848

Washington, D.C. 20036

2

0320070041