Opinion

Mallory Cretella v. Social Security Administration

Court
Merit Systems Protection Board
Filed
Jul 25, 2016
Status
Unpublished
Cited by
0 cases

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THIS FINAL ORDER IS NONPRECEDENTIAL *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A nonprecedential order is one that the Board has determined does not add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 Parties may cite nonprecedential orders,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DISMISS the request for review of the arbitrator’s decision as withdrawn with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.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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