03a10053
03-16-2001
Timothy Kriete Petitioner, v . William J. Henderson, Postmaster General, United States Postal Service, Agency.
Timothy Kriete v. USPS
03A10053
March 16, 2001
.
Timothy Kriete
Petitioner,
v
.
William J. Henderson,
Postmaster General,
United States Postal Service,
Agency.
Petition No. 03A10053
MSPB No. CH-0752-00-0359-C-1
DENIAL OF CONSIDERATION
On October 6, 2000, Timothy Kriete (hereinafter referred to as petitioner)
filed a petition with the Equal Employment Opportunity Commission (EEOC)
regarding the Merit Systems Protection Board's (MSPB or the Board) final
decision on his case. The petition is governed by the Civil Service
Reform Act of 1978 and EEOC Regulations at 29 C.F.R. �1614.101 et seq.
Petitioner filed an appeal with the MSPB in March 2000. According to an
Initial Decision dated June 8, 2000, the parties entered into a settlement
agreement, the terms of which resolved the matter. In that decision, the
Board indicated that it retained jurisdiction for enforcement purposes.
Thereafter petitioner filed the instant petition with the Commission
seeking to enforce the settlement agreement. By letter dated March 2,
2001, the MSPB informed the Commission that petitioner had a petition
for enforcement pending before the Board.
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. The Commission has no
jurisdiction over procedural matters decided by the Board, as is the case
here, where the matter was settled and the Board retains jurisdiction
over enforcement matters. 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.
STATEMENT OF PETITIONER'S RIGHTS
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
March 16, 2001
__________________
Date