Willie M. Bond, Petitioner,v.John E. Potter, Postmaster General, United States Postal Service, Agency.

Equal Employment Opportunity CommissionOct 20, 2003
03A30074 (E.E.O.C. Oct. 20, 2003)

03A30074

10-20-2003

Willie M. Bond, Petitioner, v. John E. Potter, Postmaster General, United States Postal Service, Agency.


Willie M. Bond v. United States Postal Service

03A30074

October 20, 2003

.

Willie M. Bond,

Petitioner,

v.

John E. Potter,

Postmaster General,

United States Postal Service,

Agency.

Petition No. 03A30074

MSPB No. DC-0752-03-0303-01

DECISION

By a petition received on August 4, 2003, the petitioner filed a timely

petition with the Equal Employment Opportunity Commission. He asked for a

review of the decision issued by the Merit Systems Protection Board (MSPB)

concerning his claim of discrimination in violation of Title VII of the

Civil Rights Act of 1964 (Title VII), as amended, 42 U.S.C. � 2000e et

seq. The petitioner was a Supervisor of Customer Services at the agency's

Main Post Office, Chapel Hill, North Carolina facility. He alleged that

he was discriminated against on the basis of race (African-American)

when he was downgraded to a Part-Time Flexible Mail Processing Clerk.

On February 12, 2003, petitioner filed a mixed case appeal with the

MSPB. The petitioner contends that he should not have been charged with

improper conduct because he was following the Officer-In-Charge's orders

to falsify records and that the harsh penalty was discriminatory.

After a hearing, the Administrative Judge sustained the agency's action,

finding that the agency had legitimate reasons for downgrading the

petitioner.

EEOC Regulations provide that the Commission has jurisdiction over

mixed case appeals on which the MSPB has issued a decision that makes

determinations on allegations of discrimination. 29 C.F.R. � 1614.303

et seq.

The Commission finds that the MSPB's decision constitutes a correct

interpretation of the laws, rules, regulations, and policies governing

this matter and is supported by the evidence in the record as a

whole. Based upon a thorough review of the record, it is the decision

of the Commission to concur with the final decision of the MSPB finding

no discrimination.

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

October 20, 2003

__________________

Date