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 The agency then rescinded its reconsideration decision.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the appeal because the agency rescinded its decision and petitioner's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