DATE: January 24, 1994
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
FINAL ORDER OF DISMISSAL
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).
On August 5, 1993, an Order Establishing Briefing Schedule
and Effecting Service was issued, 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 and both parties responded to the Order
Establishing Briefing Schedule. Based on Complainant's argument
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that because his address changed in 1990 he never had an
opportunity to respond to the ALJ's Order to Show Cause, I issued
an Order to Show Cause on November 18,1993, Complainant was
afforded 10 days to show cause why his complaint should not be
dismissed as abandoned or alternatively, for lack of
jurisdiction, and advised that failure to timely respond would
result in dismissal of his complaint. Complainant has not shown
cause why the case should not be dismissed.
Accordingly, I accept the ALJ's R.D. and O. dismissing the
complaint.
SO ORDERED.
ROBERT B. REICH
Secretary of Labor
Washington, D.C.