U.S. DEPARTMENT OF LABOR
OFFICE OF ADMINISTRATIVE LAW JUDGES
Suite 700-1111 20th Street, N.W.
Washington, D.C. 20036
Case No. 83-ERA-2
In the Matter of
WILLIAM D. PENSYL,
Complainant
v.
CATALYTIC, INC.,
Employer
RECOMMENDED DECISION AND ORDER
On December 8, 1982 the Acting Area Director concluded
that discrimination was not a factor in the actions comprising
the complaint and it was determined the adverse action taken
by Catalytic, Inc. was based upon Complainant's refusal to
perform work in the manner assigned by the employer.
1 The time requirements of the
implementing regulations
found in 29 C.F.R. Part 24 have been waived by Complainant.
2 The employer gave notice
that, at any hearing of this
matter, it intended to move for a dismissal of the complaint.
While admitting the circumstances surrounding Mr. Pensyl's
discharge, Complainant contends that the legal issue is whether
his refusal to work under the circumstances was an action
taken to carry out the purposes of the Atomic Energy Act and
the Energy Reorganization Act