Case No. 86-ERA-14

In the Matter of

JOHNNY F. FRENCH,
    Complainant

    v.

TENNESSEE VALLEY AUTHORITY,
    Respondent.

    This proceeding arises under the employee protection provisions of the Energy Reorganization Act of 1974 (ERA), 42 U.S.C. § 5851 (1982) (the Act) and implementing regulations at 29 C.F.R. Part 24 (1986), 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 the Administrative Law Judge (ALJ) issued on July 18, 1986. The sole dispositive issue to be decided by the ALJ was whether the complaint bad been timely filed.

    The Complainant alleged grounds for discrimination occurring in November, 1982, between 1980 and July 1984, and most recently in the form of a settlement agreement with other employees on October 9, 1985. The complaint was filed on November 26, 1985.

    Both the Act and the implementing regulations require that a complaint alleging a violation of Section 5851 be filed within thirty days after the occurrence of the alleged violation. 42 U.S.C. § 5851(b)(2)(A); 29 C.F.R. § 24.3(b). The ALJ found that the Complainant had failed to file his complaint with the Department of Labor under Section 5851 of the Act within the required thirty (30) days after the purported violation occurred, and recommended that the complaint be dismissed. The record in this case has been thoroughly reviewed and it fully supports the ALJ's finding that the complaint was not timely filed. 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.

    SO ORDERED.

       WILLIAM E. BROCK
       Secretary of Labor

Dated: DEC 8 1986
Washington, D.C.