05A21153
05-06-2003
Mahmoud Mohamed, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.
Mahmoud Mohamed v. United States Postal Service
05A21153
May 6, 2003
.
Mahmoud Mohamed,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
Agency.
Request No. 05A21153
Appeal No. 01974585
Agency No. 1F-946-1019-95
DENIAL OF REQUEST FOR RECONSIDERATION
Mahmoud Mohamed (complainant) initiated a request to the Equal
Employment Opportunity Commission (EEOC or Commission) to
reconsider the decision in Mahmoud Mohamed v. United States Postal
Service, EEOC Appeal No. 01974585 (August 21, 1998). This is the
second such request complainant has made in this matter. See Mahmoud
Mohamed v. United States Postal Service, EEOC Appeal No. 05981178
(May 22, 2000). EEOC Regulations provide that the Commission may,
in its discretion, reconsider any previous Commission decision where the
requesting party demonstrates that: (1) the appellate decision involved a
clearly erroneous interpretation of material fact or law; or (2) the
appellate decision will have a substantial impact on the policies,
practices,
or operations of the agency. Any such request most be made within 30
days of complainant's receipt of the appellate decision. See 29 C.F.R.
Sec. 1614.405(b).
After a review of complainant's request for reconsideration, the previous
decision, and the entire record, the Commission finds that the request is
untimely, not having been filed within 30 days of complainant's receipt
of the appellate decision. <<<1: The record does not indicate the date
on which complainant or his representative received the appellate
decision, however, we know that it was received before September 19,
1998. We know that because on that date complainant filed his first
request to reconsider in this matter. The instant request to reconsider,
filed on June 28, 2002, comes more than three years too late.>>> The
decision in EEOC Appeal No. 01974585 remains the Commission's final
decision. There is no further right of administrative appeal on the
decision of the Commission on this request for reconsideration. <<<2:
Because his request for reconsideration is untimely, we have not
addressed the merits of complainant's arguments, which involve an
alleged breach of a settlement agreement. We note, however, that the
newly discovered evidence upon which the request is based may give rise
to a new claim for breach, which might not be time-barred.>>>
COMPLAINANT'S RIGHT TO FILE A CIVIL ACTION
(P0900)
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
within ninety (90) calendar days from 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. Sec. 2000e et seq.; the
Rehabilitation Act of 1973, as amended, 29 U.S.C. Secs. 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
May 6, 2003
__________________
Date