Mallory Cretella v. Social Security Administration

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THIS FINAL ORDER IS NONPRECEDENTIAL * Patricia J. McGowan, Esquire, Baltimore, Maryland, for the appellant.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* A nonprecedential order is one that the Board has determined does not add significantly to the body of MSPB case law. Parties may cite nonprecedential orders, but such orders have no precedential value; the Board and administrative judges are not required to follow or distinguish them in any future decisions.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).

§ 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withdrawal is appropriate under these circumstances, we DISMISS the request for review of the arbitrator’s decision as withdrawn with prejudice to refiling.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 M Street, NE Suite 5SW12G Washington, D.C. 20507 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 U.S.C. § 794a.

FOR THE BOARD: ______________________________ Jennifer Everling Acting Clerk of the Board Washington, D.C.