Terry R. Morrow,
Petitioner,

v. 

John E. Potter,
Postmaster General,
United States Postal Service,
Agency.

Petition No. 03200601241

MSPB No. CH-0752-06-0095-I-2



DECISION

Petitioner filed a timely petition with the Equal Employment Opportunity
Commission asking for review of a 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.

Petitioner alleged that he was discriminated against on the basis of race
(African-American) when, on September 30, 2005, he was demoted from his
position of Senior Manager, Distribution Operations, to the position of
Manager, Distribution Operations in the agency's facility in Milwaukee,
Wisconsin. According to management witnesses and documentary evidence
supporting the agency's actions, petitioner was demoted for misuse of a
postal service vehicle, failing to prevent a subordinate employee from
misusing a postal vehicle, failing to follow agency policies regarding
travel expenses, and failing to properly pay his agency-issued credit
card on which he ran up a balance of  approximately $10,000.

Petitioner filed a mixed case complaint and the agency issued a
decision finding that petitioner was not discriminated against
as alleged.  Thereafter petitioner filed an appeal with the MSPB
and an MSPB Administrative Judge (AJ) issued a decision finding no
discrimination. The AJ upheld all of the charges against petitioner. The
AJ noted that the employee to whom petitioner  compared himself had not
engaged in similar misconduct, and that petitioner had "engaged in an
avalanche of misconduct" unlike the comparative employee.  Petitioner did
not seek review of the initial decision, so the initial decision became
the final decision of the MSPB.

EEOC Regulations provide that the Commission has jurisdiction over
mixed case complaints 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 must determine whether the decision of
the MSPB with respect to the allegation of discrimination constitutes a
correct interpretation of any applicable law, rule, regulation or policy
directive, and is supported by the evidence in the record as a whole.
29 C.F.R. § 1614.305(c).

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.  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.


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 19, 2006

__________________
Date

1 Due to a new data system, the petition has been redesignated with the
above referenced petition number.
??

??

??

??

2
0320060124





U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P. O. Box 19848
Washington, D.C.  20036




3
0320060124