03A20040
04-25-2002
Wendell P. Tyler, Petitioner, v. John E. Potter, Postmaster General, United States Postal Service, Agency.
Wendell P. Tyler v. United States Postal Service
Petition No. 03A20040
April 25, 2002
.
Wendell P. Tyler,
Petitioner,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Petition No. 03A20040
MSPB No. CH-3443-01-0135-I-1
DENIAL OF CONSIDERATION
The petitioner filed a petition with the Equal Employment Opportunity
Commission (EEOC) asking for review of a Final Order issued by the Merit
Systems Protection Board (MSPB or Board) dated January 10, 2002.
The issue presented is whether the petitioner's petition should be denied
for lack of jurisdiction.
The petitioner filed an appeal with the MSPB challenging a variety of
actions. In its initial decision the MSPB denied portions of the appeal
for lack of jurisdiction, and the remaining portion on the grounds of
collateral estoppel and res judicata. The petitioner filed a petition
with the MSPB to review the initial decision, which was denied. In its
final decision the Board reopened the initial decision on its own motion
to address some of the petitioner's arguments, but reached the same
legal conclusions of the initial decision. Neither the MSPB's initial
or final decisions contained review rights to the EEOC. Nevertheless,
the petitioner filed a petition for review with the EEOC.
EEOC regulations 29 C.F.R. � 1614.304 and .305 provide that the EEOC
may review determinations on claims of discrimination which are raised
in connection with an action that is appealable to the MSPB. The MSPB,
however, made no such determinations. Instead, it found that it lacked
jurisdiction on certain claims and the remaining claims were subject to
collateral estoppel and res judicata. For this reason, the Commission
denies the petitioner's 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
April 25, 2002
__________________
Date