The opinion
UNITED STATES OF AMERICA
MERIT SYSTEMS PROTECTION BOARD
MALLORY CRETELLA, DOCKET NUMBER
Appellant, CB-7121-16-0009-V-1
v.
SOCIAL SECURITY DATE: July 25, 2016
ADMINISTRATION,
Agency.
THIS FINAL ORDER IS NONPRECEDENTIAL *
Patricia J. McGowan, Esquire, Baltimore, Maryland, for the appellant.
Alexess Rea and Kristen Westerland, Denver, Colorado, for the agency.
BEFORE
Susan Tsui Grundmann, Chairman
Mark A. Robbins, Member
FINAL ORDER
¶1 The appellant has filed a request for review of an arbitrator’s decision
issued on November 17, 2015, that affirmed her removal from the GS-11 position
of Claims Representative. Request for Review (RFR) File, Tab 1; see 5 U.S.C.
*
A nonprecedential order is one that the Board has determined does not add
significantly to the body of MSPB case law. Parties may cite nonprecedential orders,
but such orders have no precedential value; the Board and administrative judges are not
required to follow or distinguish them in any future decisions. In contrast, a
precedential decision issued as an Opinion and Order has been identified by the Board
as significantly contributing to the Board’s case law. See 5 C.F.R. § 1201.117(c).
2
§ 7121(d); 5 C.F.R. § 1201.154(d). During later settlement discussions, the
appellant decided to withdraw the request for review and submitted a letter to that
effect. RFR File, Tab 10. The appellant’s letter includes a statement signed by
the agency’s representative, declaring that the agency has no objection to the
withdrawal of the referenced request for review. RFR File, Tabs 10-11.
¶2 Finding that withdrawal is appropriate under these circumstances, we
DISMISS the request for review of the arbitrator’s decision as withdrawn with
prejudice to refiling.
¶3 This is the Board’s final decision in this matter. Title 5 of the Code of
Federal Regulations, section 1201.113 (5 C.F.R. § 1201.113).
NOTICE TO THE APPELLANT REGARDING
YOUR FURTHER REVIEW RIGHTS
You have the right to request further review of this final decision.
Discrimination Claims: Administrative Review
You may request review of this final decision on your discrimination
claims by the Equal Employment Opportunity Commission (EEOC). See title 5
of the U.S. Code, section 7702(b)(1) (5 U.S.C. § 7702(b)(1)). If you submit your
request by regular U.S. mail, the address of the EEOC is:
Office of Federal Operations
Equal Employment Opportunity Commission
P.O. Box 77960
Washington, D.C. 20013
If you submit your request via commercial delivery or by a method requiring a
signature, it must be addressed to:
Office of Federal Operations
Equal Employment Opportunity Commission
131 M Street, NE
Suite 5SW12G
Washington, D.C. 20507
3
You should send your request to EEOC no later than 30 calendar days after
your receipt of this order. If you have a representative in this case, and your
representative receives this order before you do, then you must file with EEOC no
later than 30 calendar days after receipt by your representative. If you choose to
file, be very careful to file on time.
Discrimination and Other Claims: Judicial Action
If you do not request EEOC to review this final decision on your
discrimination claims, you may file a civil action against the agency on both your
discrimination claims and your other claims in an appropriate U.S. district court.
See 5 U.S.C. § 7703(b)(2). You must file your civil action with the district court
no later than 30 calendar days after your receipt of this order. If you have a
representative in this case, and your representative receives this order before you
do, then you must file with the district court no later than 30 calendar days after
receipt by your representative. If you choose to file, be very careful to file on
time. If the action involves a claim of discrimination based on race, color,
religion, sex, national origin, or a disabling condition, you may be entitled to
representation by a court-appointed lawyer and to waiver of any requirement of
prepayment of fees, costs, or other security. See 42 U.S.C. § 2000e-5(f) and
29 U.S.C. § 794a.
FOR THE BOARD: ______________________________
Jennifer Everling
Acting Clerk of the Board
Washington, D.C.