Case No. 85-ERA-25

In the Matter of

GULAM SHAFI UDDIN,
    Complainant

    v.

BALDWIN ASSOCIATES,
    Respondent

    This proceeding arises under the employee protection provision of the Energy Reorganization Act of 1974 (ERA), 42 U.S.C. § 5851 (1982), and implementing regulations at 29 C.F.R. Part 24 (1985), which prohibit an employer from discriminating against an employee because the employee has engaged in an activity protected under that section.

    This case is before me on the recommended decision of Administrative Law Judge (ALJ) David A. Clarke, Jr. issued on February 3, 1986. The ALJ found that Complainant Uddin was an employee of Respondent Baldwin Associates for the purpose of section 5851 of the ERA and that he had engaged in protected

activity. The ALJ, however, found that Complainant had failed to establish that he was discharged or discriminated against in violation of that section. Accordingly, the ALJ recommended that the complaint be dismissed.

    The full record in this case has been thoroughly reviewed. I agree with and adopt the ALJ's recommended decision and order which is appended to this order.

    Accordingly, the complaint in this case is dismissed.

        BILL BROCK
        Secretary of Labor

Dated: MAR 18 1986
Washington, D.C.