ARB CASE NO. 02-075
ALJ CASE NO. 2000-ERA-35
DATE: May 6, 2004
In the Matter of:
MARK J. KELLY,
COMPLAINANT,
v.
LAMBDA RESEARCH, INC.,
RESPONDENT.
BEFORE: THE ADMINISTRATIVE REVIEW BOARD
Appearances:
For the Complainant:
Mark J. Kelly, pro se, Dillsboro, Indiana
For the Respondent:
Robert A. Dimling, Esq., Mekesha H. Montgomery, Esq.
Frost Brown Todd, LLC, Cincinnati, Ohio
ORDER DENYING MOTION TO REVERSE FINAL DECISION
On March 31, 2004, the Administrative Review Board issued a Final Decision and Order (F. D. & O.) in this case arising under the Energy Reorganization Act (ERA or Act), 42 U.S.C.A. § 5851 (West 1995). In the F. D. & O., the Board adopted the ALJ's recommended decision and dismissed Mark J. Kelly's complaint because he had failed to establish that his employer, Lambda Research, retaliated against him.