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Delcore v. International Brotherhood of Electrical Workers, 91-ERA-27 (ALJ Mar. 26, 1991)


U.S. Department of Labor
Office of Administrative Law Judges
John W. McCormack Post Office and Courthouse
Boston, Massachusetts 02109

DATE: March 26, 1991
CASE NO. 91-ERA-27

IN THE MATTER OF:

JOHN J. DELCORE
    Claimant

    against

INTERNATIONAL BROTHERHOOD
OF ELECTRICAL WORKERS
Local 90
    Respondent

RECOMMENDED ORDER OF DISMISSAL

   Complainant filed a complaint on January 30, 1991, with the Assistant District Director apparently against his union for being arrested in the union hall. The Assistant District Director denied relief since it appeared the complaint was against his union and not against an employer within the meaning of the ERA Whistleblower protection provisions. Complainant then requested a hearing. Upon receipt and review of the file, I issued a Notice to Show Cause why the complaint should not be dismissed. Complainant has filed a response but has not shown that his complaint is against an employer covered by the ERA Act or that the incident complained about concerned protected whistleblower activities. Accordingly, it is recommended that the complaint and appeal be dismissed.

       CHESTER SHATZ
       Administrative Law Judge

Boston, Massachusetts

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