Case No. 85-ERA-24

In the Matter of

John E. Ryan,
    Complainant

    v.

Niagara Mohawk Power Company,
    Respondent

    Before me for review, pursuant to 29 C.F.R. § 24.6(b) (1985), is the Recommended Decision and order Dismissing Complaint (D. and O.), issued January 7, 1986 by Administrative Law Judge (ALJ) Anthony J. Iacobo, in the above-captioned case which arises under section 5851 of the Energy Reorganization Act of 1974 (ERA), 42 U.S.C. § 5851 (1982).

    The record¹ in this case, including five (5) volumes of hearing transcripts, all exhibits and the briefs submitted on behalf of both parties have been carefully reviewed and the exceptions set forth in Complainant's Request For Reconsideration Of Recommended Decision And Order have been specifically considered. Based upon this full review of the record properly

before me² , I adopt Judge Iacobo's findings and accept his conclusion that Complainant failed to establish that Respondent violated section 5851 of the ERA in evaluating Complainant's job performance for the 1983-1984 work year. Judge Iacobo's decision which is appended to this decision sets forth in extensive detail the testimony of witnesses at the hearing, and discusses the inference he drew from the record evidence and the basis for his legal conclusions.

    Accordingly, the complaint is DISMISSED.

       BILL BROCK
       Secretary of Labor

Dated: MAR 7 1986
Washington, D.C.

¹ By order of December 31, 1985, I forwarded to the ALJ certain correspondence for incorporation in the record of this case. On January 8, 1986, Respondent filed a motion to vacate my order. Complainant opposed Respondent's motion. On January 14, 1986, Respondent withdrew its motion to vacate because of the ALJ's recommendation of dismissal of this case.

² Under dates of January 16, 1986 and February 25, 1986, Complainant, acting directly and not through his counsel, sent personal letters addressed to me regarding this case. Copies of these letters were not served on Respondent. In accordance with the Administration Procedure Act, 5 U.S.C. § 557(d)(1)(C) (1982), I place these letters "on the public record of the proceeding"; and copies of these letters will be furnished to counsel for both parties. Complainant's letters, however, have not been considered by me in my review of Judge Iacobo's recommended decision since my final order must be based on the record before the ALJ and on his recommended decision. 29 C.F.R. § 24.6(b),(1985), 5 U.S.C. § 556(e)(1982).