ARB CASE NO. 03-078
ALJ CASE NO. 2002-ERA-32
DATE: August 24, 2004
In the Matter of:
SYED M. A. HASAN,
COMPLAINANT,
v.
SARGENT & LUNDY,
RESPONDENT.
BEFORE: THE ADMINISTRATIVE REVIEW BOARD
Appearances:
For the Complainant:
Syed M. A. Hasan, pro se, Madison, Alabama
For the Respondent:
Harry Sangerman, Esq., Sangerman & Gilfillan, Chicago, Illinois
FINAL DECISION AND ORDER OF DISMISSAL
This case arises under the whistleblower protection provision of the Energy Reorganization Act (ERA), 42 U.S.C.A. § 5851(b) (West 2004). The Complainant, Syed M. A. Hasan, filed a complaint with the Department of Labor's Occupational Safety and Health Administration (OSHA) alleging that the Respondent, Sargent & Lundy, refused to hire him in retaliation for raising safety concerns. OSHA investigated Hasan's complaint and rejected it. Hasan then requested a formal hearing before an Administrative Law Judge (ALJ)). This case was assigned to ALJ Joseph Kane, and was designated, Case No. 2002-ERA-32 (Hasan II).1
1 An earlier case between the same parties, Hasan v. Sargent & Lundy, ALJ No. 2000-ERA-7 (Hasan I) was assigned to ALJ Robert Lesnick.
2 Both cases presented the issue whether Sargent & Lundy's imposition of a lifetime ban on hiring Hasan violated the ERA's whistleblower protection provision.
3 ALJ Kane further ordered the parties to "place the Court on notice once a final decision and order is issued" and indicated that at that time he would "address the motions of both parties." Slip op. at 2.
4 The Secretary of Labor has delegated her authority to issue final decisions under the ERA to the ARB. Secretary's Order 1-2002, 67 Fed Reg. 64272(4)(c)(7) (Oct. 17, 2002).