1The ALJ's decision is a recommended
decision forwarded to the
Secretary for review and issuance of a final order. See 29
C.F.R. § 24.6(a) (1990).
2 The parties were afforded an
opportunity to file briefs in
support of or in opposition to the ALJ's decision but no briefs
have been filed before me.
3 I agree with the ALJ that the
case of English v. Whitfield,
858 F.2d 957 (4th Cir. 1988), cited in Complainant's complaint,
is to no avail as not involving any question of the employer's
status as an employer subject to the Act. The employer in
English operated an NRC licensed fuel production facility in
North Carolina. 858 F.2d at 958.