Case No. 86-ERA-17

In the Matter of

JOHN P. COX, D.O.
    Complainant

   v.

RADIOLOGY CONSULTING ASSOCIATES, INC.
    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 (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 August 22, 1986. The parties had agreed that the sole issue to be decided by the ALJ was whether the complaint had been timely filed. The ALJ found that the Complainant had failed to file his complaint with the Department of Labor under Section 5851 of the ERA within the

required 30 days after the purported violations occurred, and that the Complainant had not alleged or proven a factual basis for equitable tolling of the 30-day period. Accordingly, the ALJ 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: NOV 6 1986
Washington, D.C.