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September 24, 2008         DOL Home > OALJ Home > Whistleblower Collection
USDOL/OALJ Reporter
Nichols v. Bechtel Construction Inc., 87-ERA-44 (OAA Oct. 30, 1992)


DATE:  October 30, 1992
CASE NO. 87-ERA-0044


IN THE MATTER OF

ROY EDWARD NICHOLS,

          COMPLAINANT,

     v.

BECHTEL CONSTRUCTION, INC.  

          RESPONDENT.


BEFORE:  THE SECRETARY OF LABOR

                          ERRATA ORDER

     The October 26, 1992, Decision and Order of Remand in this
case is corrected to read as
follows on page 13, first full paragraph, first sentence: 
"Complainant had the ultimate burden of
persuading that the reasons articulated by Respondent were
pretextual, either by showing that the
unlawful reason more likely motivated Respondent or by showing
that the proferred explanation
is unworthy of credence."
     
     SO ORDERED.

                              For the Secretary of Labor

                              M. ELIZABETH CULBRETH
                              Director, Office of Administrative
Appeals[1]

[ENDNOTES]

[1] This order is issued pursuant to Secretary's Order 3-90, 55
Fed. Reg. 13,250 (April 9, 1990)
(copy appended).



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