In the Matter of

CLIFFORD W. RICHTER
    Complainant

    vs.

ELLIS FISCHEL STATE CANCER HOSPITAL
    Defendant

    Clifford W. Richter filed a complaint alleging that he was discharged because of activities to carry out the purposes of the Energy Reorganization Act of 1974, as amended in violation of Section 210 of that Act (92 Stat. 2951; 42 U.S.C. 5851).

    A hearing was held before an Administrative Law Judge. Thereafter, the Judge issued a recommended decision dated July 6, 1979, containing his recommended findings of facts conclusions of law, and order. He found that the complainant was discharged by the defendant for acts protected by 42 U.S.C. 5851, in violation of that Section.

    On the basis of the entire record, it is my conclusion that the recommended findings of fact, conclusions of law, and order contained in the Administrative Law Judge's recommended decision, dated July 6, 1979, are supported by the evidence, are in accordance with applicable law, and are proper, and I adopt them as my own.

    Accordingly, it is ordered and adjudged:

    1. That Ellis Fischel State Cancer Hospital and the Missouri Department of Social Services restore Dr. Clifford Richter to his former duties as Chief Medical Physicist together with retroactive compensation in such sum as he was receiving on the date he last received compensation from the Department of Social Services in February of 1979.

    2. That Dr. Clifford Richter be restored to his position as Chief Medical Physicist under the same terms, conditions and privileges of employment enjoyed by him prior to his discharge in December of 1978.

    3. That the Ellis Fischer State Cancer Hospital of Missouri pay Dr. Richter for his attorneys fees in the sum of $2,500.00.

    4. That Ellis Fischel State Cancer Hospital of Missouri remove all adverse references from the personnel file of Dr. Clifford Richter which are therein and which occurred subsequent to his reporting the McClaskey incident to the Nuclear Regulatory Commission.

Dated at Washington, D.C.
this 10th day of August, 1979.

       RAY MARSHALL
       Secretary of Labor