DATE: February 26, 1992

CASE NOS: 89-ERA-16
    89-ERA-25
    90-ERA-2
    90-ERA-8
    90-ERA-18

In the Matter of

DOUGLAS E. BILLINGS
    Plaintiff

    v.

TENNESSEE VALLEY AUTHORITY
    Defendant

    On November 1, 1990, this Administrative Law Judge issued Decisions and Orders recommending that the captioned cases be dismissed. Those Recommended Decisions and Orders are incorporated herein and made a part of this Recommended Decision and Order on Remand. On January 9, 1992, the Secretary of Labor remanded the captioned cases with directions for the Administrative Law Judge to follow the procedures outlined in 29 C.F.R. Section 24.5(e)(4). Accordingly, on January 15, 1992, an Order to Show Cause was issued pursuant to 29 C.F.R. Section 24.5(e)(4), directing the parties to show cause on or before February 14, 1992, why the captioned cases should not be dismissed due to the repeated failures of the Plaintiff, Douglas E. Billings, to comply with orders of this Administrative Law Judge. Responses to the Show Cause Order have been filed by both the Plaintiff and Defendant and have been considered by this Administrative Law Judge.

    In his response, the Plaintiff revisits old ground in arguing

that the cases are improperly before this Administrative Law Judge because they have not been properly investigated; that the Plaintiff's due process rights have been violated; that the Plaintiff was physically and medically unable to proceed with the proceedings; and that this Judge recuse himself from deciding these cases. All of these arguments have either been previously considered and decided or are not responsive to the Show Cause Order. (See the prior Recommended Decisions and Orders issued on November 1, 1990 and the Order of June 12, 1990, denying Plaintiff's Motion to Recuse.) For the reasons given in the prior Recommended Decisions and Orders, I find the Plaintiff's response to the Show Cause Order to be insufficient reason for his repeated failures to comply with orders of this Administrative Law Judge.

    It is, therefore,

    ORDERED that the complaints of Douglas E. Billings are hereby DISMISSED WITH PREJUDICE.

       ROBERT L. HILLYARD
       Administrative Law Judge