Case No. 85-ERA-28

In the Matter of

TOM TUTTEROW,
    Complainant

    v.

BALDWIN ASSOCIATES,
    Respondent

    Administrative Law Judge (ALJ) Richard E. Huddleston submitted a Recommended Decision and Order on Motion to Dismiss to me in this case arising under the employee protection provisions of the Energy Reorganization Act of 1974, 42 U.S.C. § 5851 (1982). He recommended that the complaint be dismissed because Complainant did not carry his burden of proving that his protected activities were a motivating factor in the decision by Respondent Baldwin Associates to discharge him.

    The record in this case has been reviewed and it fully supports that ALJ's recommended decision, a copy of which is appended to this order, and I adopt it. Accordingly, the complaint in this case IS DISMISSED.

    SO ORDERED.

       WILLIAM E. BROCK
       Secretary of Labor

Dated: OCT 31 1986
Washington, D.C.