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USDOL/OALJ Reporter
Durham v. Georgia Power Co., 86-ERA-9 (Sec'y Feb. 18, 1987)


U.S. DEPARTMENT OF LABOR

SECRETARY OF LABOR
WASHINGTON, D.C.

DATE: February 18, 1987
CASE NO.: 86-ERA-9

In the Matter of

JOSEPH W. DURHAM,
    Complainant

    v.

GEORGIA POWER COMPANY and
BUTLER SERVICE GROUP,
    Respondents

BEFORE: THE SECRETARY OF LABOR

FINAL DECISION

    Administrative Law Judge Theodore P. Von Brand submitted a Recommended Decision and Order in this case arising under the employee protection provision of the Energy Reorganization Act of 1974, 42 U.S.C. § 5851 (1982). He recommended that the case be dismissed because Complainant failed to establish a prima facie case that his suspension was in retaliation for protected activity.

    The record in this case has been thoroughly reviewed and


[Page 2]

it fully supports the ALJ's recommended decision. Accordingly, I adopt the ALJ's recommended decision and the complaint in this case IS DISMISSED.

    SO ORDERED.

       WILLIAM E. BROCK
       Secretary of Labor
Washington, D.C.



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