DATE:  November 18, 1993
CASE NO. 89-ERA-45


IN THE MATTER OF

DOUGLAS E. BILLINGS,

          COMPLAINANT,

     v.

BECHTEL GROUP, BOWATER 
SOUTHERN PAPER CORPORATION,

          RESPONDENT.


BEFORE:  THE SECRETARY OF LABOR


                            ORDER TO SHOW CAUSE

     Before me for review is the Recommended Order of Dismissal
(R.O.) of the Administrative Law Judge (ALJ) in this case arising
under the employee protection provision of the Energy
Reorganization Act of 1974, as amended (ERA), 42 U.S.C. §
5851 (1988), and the implementing regulations at 29 C.F.R. Part
24 (1992).  The ALJ recommended that the case be dismissed as
abandoned because of Complainant's failure to participate and for
failure to respond to the ALJ's Order to Show Cause issued on
March 29, 1993.  29 C.F.R. §§ 24.5(e)(4)(i)(B),
18.39(b). 
     The procedural history of this case is as follows. 
Complainant requested a hearing before the Office of
Administrative Law Judges on July 12, 1989.   By motion, he
requested a continuance of the hearing, which was granted by
order of August 16, 1989.  On September 19, 1989, the ALJ issued
an Order Denying Motion for Continuance and to Show Cause why the
complaint should not be dismissed.   Based on Complainant's reply
to that order the ALJ issued an Order Vacating Denial of 
[PAGE 2]
Continuance and Finding Good Cause and Granting Indefinite
Continuance, until such time as Complainant filed a medical
statement attesting to his ability to proceed.  
     Because Complainant never filed a medical statement
indicating his capacity to proceed with his prosecution of this
complaint, the ALJ issued an Order to Show Cause why the
complaint should not be dismissed, dated March 29, 1993.  The ALJ
ordered the parties to show cause why the complaint should not be
dismissed for lack of jurisdiction, and also requested that
Complainant file a statement indicating why the case should not
be dismissed as having been abandoned.  Complainant did not
respond to this order, and the ALJ recommended dismissal.  
     On August 5, 1993, an Order Establishing Briefing Schedule
and Effecting Service was, providing the parties 10 days to file
briefs in support of or in opposition to the ALJ's Recommended
Order of Dismissal, and attaching a copy of the ALJ's R.O.  This
order was initially returned as undeliverable.  Upon discerning
Complainant's new address, the order was again mailed to
Complainant.  
     Both parties responded to the Order Establishing Briefing
Schedule.  Complainant argues that his complaint should not be
dismissed because his address changed in 1990, and the last
document he received from the ALJ was the Order of Continuance
dated August 16, 1989, and therefore, he never had an opportunity
to respond to the ALJ's Order to Show Cause.  Respondent argues
that the complaint should be dismissed because of prejudice
caused to the Respondent in the delay, and because Complainant's
response before me still does not explain his failure to file a
medical verification as originally agreed, or show cause why the
complaint should not be dismissed for lack of jurisdiction. 
Moreover, Respondent argues that Complainant's failure to notify
the ALJ of his change of address was the reason service could not
be effectuated by the ALJ.
     The record in this case contains Complainant's signed return
receipts for certified mail indicating delivery of both ALJ
Orders issued in September 1989.   However, the ALJ's 1993 Order
to Show Cause and R.O. were returned as undeliverable.  Under the
circumstances, I will allow Complainant 10 days from receipt of
this order to show cause why this complaint should not be
dismissed as abandoned, or alternatively, dismissed for lack of
jurisdiction.  Failure to timely comply with this order will
result in dismissal of the complaint.
     SO ORDERED.
                             ROBERT B. REICH
                             Secretary of Labor

Washington, D.C.