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USDOL/OALJ Reporter
Guinn v. Tennessee Valley Authority, 96-ERA-20 (ARB Sept. 27, 1996)


U.S. Department of Labor
Administrative Review Board
200 Constitution Avenue, N.W.
Washington, D.C. 20210

ARB CASE NO. 96-187
ALJ CASE NO. 96-ERA-20
DATE: September 27, 1996

In the Matter of:

BENNY L. GUINN
    COMPLAINANT,

    v.

TENNESSEE VALLEY AUTHORITY,
    RESPONDENT.

BEFORE: THE ADMINISTRATIVE REVIEW BOARD1

ORDER OF DISMISSAL

    Before the Board for review is a Recommended Order of Dismissal issued by the Administrative Law Judge (ALJ) in this case, which arises under the employee protection provision of the Energy Reorganization Act of 1974 (ERA), as amended, 42 U.S.C. § 5851 (1988). I concur with the ALJ and adopt his recommendation. This case is DISMISSED on the basis of the Complainant's failure to file a timely complaint.

    SO ORDERED.

DAVID A. O'BRIEN
Chair

KARL J. SANDSTROM
Member

JOYCE D. MILLER
Alternate Member
[ENDNOTES]
1 On April 17, 1996, a Secretary's Order was signed delegating jurisdiction to issue final agency decisions under this statute to the newly created Administrative Review Board. 61 Fed. Reg. 19978 (May 3, 1996). Secretary's Order 2-96 contains a comprehensive list of the statutes, executive order and regulations under which the Administrative Review Board now issues final agency decisions. Final procedural revisions to the regulations (61 Fed. Reg. 19982) implementing this reorganization were also promulgated on this date.



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