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USDOL/OALJ Reporter
French v. Tennessee Valley Authority, 86-ERA-14 (ALJ July 18, 1986)


U.S. Department of Labor
Office of Administrative Law Judges
1111 20th Street, N.W.
Washington, D.C. 20036

Case No. 86-ERA-14

In the Matter of

JOHNNY F. FRENCH
    Complainant

    v.

TENNESSEE VALLEY AUTHORITY
    Respondent

Before: E. EARL THOMAS
    Deputy Chief Judge

Appearances:

Johnny F. French
    Pro Se


Thomas F. Fine, Esq.
Brent R. Marquand, Esq.
Staff Attorneys
Tennessee Valley Authority
400 Commerce Avenue
Knoxville, TN 37902
    For the Respondent

DECISION AND ORDER OF DISMISSAL


[Page 2]

    This matter arises pursuant to a Complaint filed with the Office of Administrative Law Judges pursuant to Section 210 of the Energy Reorganization Act, 42 U.S.C. § 5851.

    On April 29, 1986, a hearing was held before the under- signed in the above-captioned matter.

    The preliminary and dispositive issue to be decided is whether Complainant's claim is barred by the thirty-day statutory period for bringing an action under the Act. 41 U.S.C. § 5851(b)(1).

    Complainant alleges several grounds for discrimination, the last of which occurred on October 9, 1985 pursuant to settlement agreements with other employees at Respondent's facilities. The Complaint was filed November 26, 1985.

    Accordingly, I find that the Complaint was not filed within thirty days of the alleged discriminatory act. I hereby ORDER that the above-captioned case is DISMISSED for failure to file a timely complaint.

       E. EARL THOMAS
       Deputy Chief Judge

Dated: 18 JUL 1986
Washington, D. C.
EET/JMS/tt



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