Mixed Cases

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Description: This 2 or 4 hour session is for those who want a better understanding of the mixed case – a case within the jurisdiction of both the EEOC and MSPB – processing system. There is an emphasis on practical exercises. Among others, the topics covered include: the statutory and regulatory basis of mixed case processing, the kinds of elections (i.e., choices) that an employee has, a specific understanding of those elections (e.g., to go through EEO or go immediately to the MSPB), the processes in EEO or at the MSPB, and review procedures.

Length: 2 to 4 hours

Table of Contents
Page

The Beginning: The 1978 Civil Service Reform Act 3

What Is A Mixed Case? (Appeal Or Complaint) 4

Overview Of The Mixed and Non Mixed Case Processes 7

The Initial “Election” 10

A Closer Look At The “Election” To File
A Mixed Case Complaint 13

The Proceedings At The MSPB (Either Through
A Mixed Cased Appeal Or After A Mixed Case
Complaint) 15

Review By The EEOC And Beyond 17

Considerations When There Has Been A Dual
Filing (I.E., A Mixed Case Appeal And A
Mixed Case Complaint) 19

The Individual’s Right To File A Civil Action 22

The Additional Mixed Case Election Considerations
For An Employee Covered By A Negotiated Agreement 23

Cases In Which It Is Unclear (Or Disputed) Whether
The Matter Is Within The MSPB’s Jurisdiction
(And Therefore Whether It Is A Mixed Case) 25

Considerations As To Which EEO Complaints
Are Included Within The MSPB Appeal 29

Summary Of The Various Mixed Case-Related
Notices Required In The Administrative Process 30

Conclusion: Summarizing And Revisiting
The Mixed Case Process 33

Mixed Case Exercises 34

Attachments

Attachment A: MSPB Regulations, 5 CFR 1201.21 and 1201.151-175.
Attachment B: EEOC Regulations, 1614.107, 1614.302, and 1614.310
Attachment C: MD-110, Chapter 4.
Attachment D: ______ Notices for Bargaining Unit Employees