Hasan v. Enercon Services, Inc., ARB No. 04-045, ALJ No. 2003-ERA-31 (ARB Jan. 13, 2010)

U.S. Department of Labor

Administrative Review Board 200 Constitution Avenue, N.W. Washington, D.C. 20210

ARB CASE NO. 04-045
ALJ CASE NO. 2003-ERA-031
DATE: January 13, 2010

In the Matter of:

SYED M. A. HASAN,

       COMPLAINANT,

    v.

ENERCON SERVICES, INC.,

       RESPONDENT.

BEFORE: THE ADMINISTRATIVE REVIEW BOARD

Appearances:

For the Complainant:
    Syed M. A. Hasan, pro se, Madison, Alabama

For the Respondent:
    Terry M. Kollmorgen, Esq., James E. Maupin, Esq, Moyers, Martin, Santee & Imel, LLP, Tulsa, Oklahoma

ORDER DENYING RECONSIDERATION

   Syed M.A. Hasan filed a complaint with the Department of Labor alleging that Enercon Services, Inc. violated the employee protection provision of the Energy Reorganization Act (ERA), 42 U.S.C.A. § 5851 (West 2003), when it refused to hire him for employment. Enercon filed a motion for summary judgment, requesting dismissal of the complaint, which we granted in a Final Decision and Order (F. D. & O.) issued on May 18, 2005.

    On November 4, 2009, Hasan filed an "Emergency Motion for Immediate Reconsideration (Emergency Motion for Immediate Relief), for ALJ Case No. 2003-

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ERA-31, ARB Case No. 04-045" (Motion for Reconsideration). Hasan asks the Board to reconsider its ruling on his complaint.

    A motion for reconsideration must be filed within a "reasonable time."¹ In applying this requirement, "[t]he Board and its predecessors have presumed a petition timely when the petition was filed within a short time after the decision . . . [and] also have granted reconsideration where a petition, though filed after a longer period, raised Rule 60(b)-type grounds or showed ‘good cause' for the delay."²

   Hasan filed his Motion for Reconsideration more than four years after the Board issued its F. D. & O. This does not constitute a "short" time, and Hasan has not presented any rationale that would justify reconsideration of our ruling after the passage of four years. Accordingly, his Motion for Reconsideration is DENIED.

   SO ORDERED.

            WAYNE C. BEYER
            Administrative Appeals Judge

            OLIVER M. TRANSUE
            Administrative Appeals Judge

[ENDNOTES]

¹ Henrich v. Ecolab, Inc., ARB No. 05-030, ALJ No. 2004-SOX-051, slip op. at 11 (ARB May 30, 2007).

² Id, slip op. at 15. Rule 60(b) of the Federal Rules of Civil Procedure describes grounds for relief from a final judgment, including "mistake, inadvertence, surprise, or excusable neglect."