U.S. Department of Labor Administrative Review Board
200 Constitution Ave, NW
Washington, DC 20210
ARB CASE NO. 98-040
(ALJ CASE NO. 97-ERA-46)
DATE: February 26, 1999
In the Matter of:
GREGORY LATORRE,
COMPLAINANT,
v.
CORIELL INSTITUTE FOR
MEDICAL RESEARCH,
RESPONDENT.
BEFORE: THE ADMINISTRATIVE REVIEW BOARD
Appearances:
For the Complainant: Christina M. Valente, Esq., Rainone & Rainone Philadelphia, Pennsylvania
For the Respondent: John T. Kelley, Esq., Kelley, Wardell & Craig Haddonfield, New Jersey
DECISION AND ORDER OF REMAND
This case arises under Section 211, the employee protection provision of
the Energy Reorganization Act of 1974, as amended (ERA), 42 U.S.C. §5851 (1994), and the
1 These regulations were amended
in February 1998 to provide, inter alia, for review of ERA and other
"whistleblower" complaints upon the filing of an appeal by a party aggrieved by an
Administrative Law Judge's decision. See 63 Fed. Reg. 6614 (Feb. 9, 1998). In this case,
the Administrative Law Judge issued a Recommended Decision and Order on August 12, 1997;
accordingly, this matter is before the Board pursuant to the pre-1998 automatic review provision of
the regulation. 29 C.F.R. §24.6(a) (1997).
2 Because this decision resolves
all issues with the exception of the collateral issue of attorney fees and costs, it is final and
appealable. See Flour Constructors, Inc. v. Reich, 111 F.3d 979 (11th Cir. 1997) (under
ERA employee protection provision a decision that resolves all issues except attorney fees is final).