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