PRELIMINARY ORDER
On August 22, 1996, the Administrative Law Judge (ALJ) issued a
Recommended Decision
and Order (R. D. and O.) in this case arising under the Energy Reorganization Act of 1974
(ERA),
42 U.S.C. § 5851 (Supp. IV 1992), as amended by the Comprehensive National Energy
Policy
Act of 1992 (CNEPA), Pub. L. No. 102-486, 106 Stat. 2776, 3123. The ALJ found in favor of
the
Complainant and recommended back pay, compensatory damages, and removal of any and all
adverse
references regarding Complainant's protected activities from her personnel and other records.
The
ALJ further allowed 15 days from the R. D. and O. for Complainant's attorney to submit a fee
petition
and until September 30, 1996, for Respondent to reply to the petition. Since the amended ERA
requires that a preliminary order awarding damages, except compensatory damages, be
issued when complainants prevail before an ALJ, the following preliminary order is hereby
entered:
1) For the period of October 11, 1995 to and including October 28,
1996, Respondent shall
pay Complainant back pay in the amount of $603.50 plus pre-judgment interest calculated
pursuant
to 26 U.S.C. § 6621, plus any fringe benefits the Complainant would have accrued during
that
period; and
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2) Respondent shall remove any and all adverse references regarding
Complainant's
protected activities from Complainant's personnel and other records and shall refrain from
including
statements in any job references which have the effect of "blacklisting" Complainant
because of her protected activities.
When the ALJ issues a supplemental recommended order on attorneys'
fees, a supplemental
preliminary order and briefing schedule will be issued.
- SO ORDERED.
- DAVID A O'BRIEN
- Chair
- KARL J. SANDSTROM
- Member
- JOYCE D. MILLER
- Alternate Member
[ENDNOTES]
