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USDOL/OALJ Reporter
Billings v. Bechtel Group, 89-ERA-45 (ALJ Mar. 29, 1993)


U.S. Department of Labor
Office of Administrative Law Judges
800 K Street, N.W.
Washington, D.C. 20001-8002

DATE: MAR 29 1993

IN THE MATTER OF

DOUGLAS E. BILLINGS,
   Complainant

    v.

BECHTEL GROUP,
BOWATER SOUTHERN PAPER CORPORATION,
    Respondent.

CASE NO. 89-ERA-45

ORDER TO SHOW CAUSE

   On June 19, 1989, Complainant filed a complaint with the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor. On July 3, 1989, the Wage and Hour Division issued its determination, which concluded that Respondent was not subject to section 210(a) of the Energy Reorganization Act of 1974, 42 U.S.C. § 5851. Complainant appealed to this Office on July 12, 1989.

   On September 18, 1989, Complainant requested a continuance, stating as cause that his health prevented him from proceeding with the case. By order dated September 28, 1989, this case was continued until such time as Complainant filed a medical statement attesting to his ability to proceed. To date, Complainant has not filed any statement indicating that he is prepared to proceed in this matter.

   The parties are hereby ORDERED to show cause, within twenty days of the date of this Order, why this matter should not be DISMISSED for lack of jurisdiction. Additionally, assuming, without deciding, that jurisdiction exists, Complainant is ORDERED to include in his response a statement as to why this matter should not be DISMISSED as having been abandoned. Failure to timely comply with this Order will result in the dismissal of this case.

      JOHN M. VITTONE
      Deputy Chief Judge

JMV/rd



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