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USDOL/OALJ Reporter
DATE: April 13, 1987
IN THE MATTER OF
JOHN REX,
v.
EBASCO SERVICES, INC.,
BEFORE: THE SECRETARY OF LABOR
WAGE AND HOUR ADMINISTRATOR The Preliminary Decision and Order on Timeliness of Complaint of Administrative Law Judge (ALJ) Joel R. Williams (ALJ Decision), issued on January 27, 1987, in the above-captioned case which arises under the employee protection provision of the Energy Reorganization Act (Act), 42 U.S.C. § 5851 (1982), and the implementing regulations at 29 C.F.R. Part 24 (1986), is before me for review pursuant to 29 C.F.R. § 24.6. The Texas Area Director of the Wage and Hour Administration rejected John Rex's complaint as untimely filed under the Act's thirty-day filing requirement because the envelope containing the complaint was postmarked October 22, 1986, thirty-one days [Page 2] after Mr. Rex was notified of his termination. On appeal, the ALJ found that Mr. Rex's complaint was mailed on October 21, 1986, based upon the date on the complaint itself and the affidavit of Mr. Rex's attorney, which states, in part:
Affidavit of Billie Pirner Garde. See ALJ Decision at 2. The ALJ held that the mailing of the complaint on October 21, 1986, met the thirty-day filing requirement in the Act and 29 C.F.R. § 24.3(b) because the period for filing commenced on September 21, 1986, the date Mr. Rex returned from his vacation and read Respondent's termination notice, which had been delivered during Mr. Rex's absence. See ALJ Decision at 2-4. The ALJ remanded the case to the Wage [Page 3] and Hour Administrator for an investigation on a priority basis pursuant to 20 C.F.R. § 24.4. Id. at 5. After consideration of the record before the ALJ, I adopt his findings and conclusions. Accordingly, this case is remanded to the Wage and Hour Administrator for an investigation of Mr. Rex's complaint on a priority basis. SO ORDERED.
WILLIAM E. BROCK Washington, D.C.
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