Case No. 84-ERA-21

In the Matter of

BRUCE B. GRAVES

    v.

EASTERN MICHIGAN UNIVERSITY

    This proceeding arises from a complaint filed by the Complainant, Bruce B. Graves, with the United States Department of Labor, alleging various violations of the Energy Reorganization Act of 1974, 42 U.S.C. § 5851, by the Defendant, Eastern Michigan University, his former employer.

    The Department of Labor issued a determination that the Complainant's charges had not been filed within the statutory period prescribed in Section 210(b)(1) of the Energy Reorganization Act. The Complainant appealed from that finding to this Office.

    On January 28, 1985, the Defendant filed a Motion to Dismiss this proceeding based upon an Order entered by United States District Court Judge Charles W. Joiner on October 18, 1984, which

enjoined the Complainant from further pursuing any administrative charges against the Defendant. I issued an order dated January 30, 1985, ordering the Complainant to Show Cause on or before February 18, 1985, why the Defendant's Motion to Dismiss should not be granted.

    The Complainant responded timely to my Order to Show Cause by letter postmarked February 13, 1985, together with a number of enclosures, the gist of which was to allege that Judge Joiner's Order of October 18, 1984, was not valid. The Complainant's bald assertion of the invalidity of Judge Joiner's order is not substantiated by any credible evidence whatsoever.

    Accordingly, good cause not having been shown, it is hereby

    ORDERED that these proceedings be dismissed with prejudice.

       PHILIP J. LESSER
       Administrative Law Judge

Dated: February 26, 1985
Washington, D.C.
PJL/rmw