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USDOL/OALJ Reporter Office of Administrative Law Judges John W. McCormack Post Office and Courthouse Boston, Massachusetts 02109
DATE: December 4, 1990 IN THE MATTER OF:
JOHN J. DELCORE against
INTERNATIONAL BROTHERHOOD OF
Before: CHESTER SHATZ Complainant has filed a complaint against his union, alleging retaliatory action precluded by Section 210 of the Energy Reorganization Act. The lower level of the Department of Labor denied the Complainant by letter dated October 16, 1990, on the grounds that the whistleblower protection provisions prohibit an employer from discriminating against an employee for engaging in protected activity and that the union was not an employer. Complainant then requested a hearing. I issued an Order to Show Cause why the complaint should not be dismissed since it [Page 2] did not appear that the union was an employer (aside from the serious and doubtful question whether such union had discriminated against Complainant). Complainant thereafter filed some documentation which did not address the question posed by my Order to Show Cause. After a careful review of the record, including Complainant's submission and applicable law, I conclude that the complaint should be dismissed since the Respondent/union is not an employer within the meaning of the ERA anti-discrimination provisions. Accordingly, it is recommended that the complaint be DISMISSED.
CHESTER SHATZ CS:ln |
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