Mahmoud Mohamed, Complainant,v.John E. Potter, Postmaster General, United States Postal Service, Agency.

Equal Employment Opportunity CommissionMay 6, 2003
05A21153 (E.E.O.C. May. 6, 2003)

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