Date: 1-9-90

Case No.: 90-ERA-0013

IN THE MATTER OF

WALTER T. RUGGLES,
    COMPLAINANT,

    v.

LUMBERMENS MUTUAL CASUALTY COMPANY,

    and

IOWA ELECTRIC POWER AND LIGHT COMPANY,
    Respondents.

Appearances:

Daniel Denbeste, Esq.
    For the Claimant

Allison C. Blakley, Esq.
    For Lumbermens Mutual Casualty Company

Julie A. Cohen, Esq.
    For Iowa Electric Power and Light Company

   Walter E. Ruggles, an inspector employed by Lumbermens Mutual Casualty Company, hereafter called Lumbermens, as an inspector at the Iowa Electric nuclear power plant near Palo, Iowa, filed a complaint on November 14, 1989 alleging violation of Section 210 of the Energy Reorganization Act, hereafter referred to as the ERA and found at 42 U.S.C. Sec. 5851.

   His complaint alleged that on or about October 17, 1989, as a result of pressure brought to bear on Lumbermens by Iowa Electric, he was told that he must accept another assignment at another plant, and, further, he might lose his job.

   On December 14, 1989, Donald R. Chelborad, District Director of the Wage and Hour Division of the Employment Standards Administration of the U. S. Department of Labor in Des Moines, Iowa wrote to Walter E. Ruggles advising him that it was his conclusion that the complaint had not been filed in a timely man ner since Lumbermens had written to him on September 14, 1989 confirming an oral discussion of that date relating to transfer opportunities and/or subsequent separation. Mr. Chelborad informed Walter Ruggles that since his complaint had not been filed within 30 days after the September 14, 1989 letter it was not filed in a timely manner under the Act.

   A hearing in this matter was held in Cedar Rapids Iowa on December 28, 1989 at which the Complainant was present and all parties were represented by counsel. The subject matter of the hearing was confined to the timeliness of the complaint.

   At the hearing, Walter E. Ruggles testified that he received the memorandum from J. G. Brent dated September 14, 1989 a few days after the date of the memorandum, and the memorandum was admitted into evidence. In the memorandum, Walter E. Ruggles is informed that he will not be permitted to occupy his present position at Palo with Iowa Electric after January 12, 1990. Also in the memorandum, Walter E. Ruggles was offered a position as an inspector at the Clinton Power Station in Clinton, Illinois. He was told that if he did not accept that position, an attempt would be made to find another position with Lumbermens to which he could be transferred, but no assurances were made that such a position could be found.

   Walter Ruggles' position is that the September 14, 1989 memorandum left open the question of his losing his employment

with Lumbermens, and that he was justified from the content of the memorandum from concluding that his employment was not in jeopardy. It is my judgment that Walter Ruggles is mistaken in that conclusion. The memorandum unequivocally states that he will not be employed in his present position after January 12, 1990, and that unless he either accepts the Clinton job assignment or another job assignment can be found for him, his employment with Lumbermens will terminate as of that date.

   Walter E. Ruggles testified that although the September 14, 1989 memorandum did not completely cover all matters discussed on that date with Mr. J. G. Brent, the author of the memorandum, that it was an accurate reflection of the matters covered in the memorandum. Lumbermens made no change in its position between September 14, 1989 and October 17, 1989. The matters communicated to him on October 17, 1989 are, in fact, a restatement of the same position taken by Lumbermens on September 14, 1989.

   There is no reason to question Walter Ruggles' testimony that he did not feel that his employment was threatened until October 17, 1989. However, his feelings are not what start the 30 day statute of limitations running, it is the statements made to him by Lumbermens.

   It is recommended that the complaint of Walter E. Ruggles under the Energy Reorganization Act filed on November 14, 1989 be dismissed because it was not timely filed.

       Charles P. Rippey
       Administrative Law Judge
       Phone Number 202-653-5120

Washington, D. C.
CPR: bdw. 2