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September 24, 2008         DOL Home > OALJ Home > Whistleblower Collection
USDOL/OALJ Reporter
Grizzard v. Tennessee Valley Authority, 91-ERA-41 (Sec'y May 4, 1994)


DATE:  May 4, 1994
CASE NO. 91-ERA-00041

IN THE MATTER OF
WILLIE L. GRIZZARD,
          COMPLAINANT,

     v.

TENNESSEE VALLEY AUTHORITY,
          RESPONDENT.

BEFORE:   THE SECRETARY OF LABOR

                         FINAL ORDER OF DISMISSAL

     Before me for review is the [Recommended] Dismissal Order
(R.D. and 0.) of the Administrative Law Judge (ALJ) issued on
June 21, 1991, in this case arising under the employee protection
provision of the Energy Reorganization Act of 1974, as amended
(ERA), 42 U.S.C. S 5851 (1988).  1/ The ALJ recommended
dismissal of the complaint pursuant to 29 C.F.R. S 24.5(e)(4)
(1992), for failure to appear at the hearing.

     I issued an Order to Show Cause on March 23, 1994, affording
Complainant an opportunity to show good cause why his complaint
should not be dismissed for failure to appear at the scheduled
ALJ hearing.  See Sec. ord. to Show Cause.  Complainant
has not responded within the time provided, and therefore, I adopt
the ALJ's Dismissal order.

    Accordingly, the complaint is DISMISSED.

     SO ORDERED.

                             ROBERT B. REICH
                              Secretary of Labor

Washington, D.C.

[ENDNOTES]
[1] There is no indication why the ALJ's Dismissal order
was not forwarded to the Secretary for review prior to February
1994.

[PAGE 2] CERTIFICATE OF SERVICE Case Name: Willie L. Grizzard v. Tennessee Valley Authority Case No. : 91-ERA-00041 Document : Final Order of Dismissal A copy of the above-referenced document was sent to the following persons on May 4, 1994. CERTIFIED MAIL Willie L. Grizzard Route 2, Box 580-D Athens, AL 35611 Willie L. Grizzard 3640 Marymount Drive Huntsville, AL 35810 Tom Fine, Esq. Office of the General Counsel Tennessee Valley Authority 400 West Summit Hill Drive Knoxville, TN 37902 REGULAR MAIL Mr. Oliver Kingsley, Jr. Senior Vice-President Tennessee Valley Authority 6N 38A Lookout Place Chattanooga, TN 37402-2801 Mr. Lynn Williamson Nuclear Regulatory Commission 101 Marietta Street, Suite 3100 Atlanta, GA 30303 Mr. Wallace C. Barker Wage and Hour Division/ESA U.S. Department of Labor Berry Building, Suite 301
[PAGE 3] 2015 North Second Avenue Birmingham, AL 25203 Monica Gallagher Associate Solicitor for Fair Labor Standards U.S. Department of Labor Room N-2716 200 Constitution Avenue, N.W. Washington, DC 20210 Maria Echaveste Administrator Wage and Hour Division/ESA U.S. Department of Labor Room S-3502 200 Constitution Avenue, N.W. Washington, DC 20210 Director Office of Enforcement U.S. Nuclear Regulatory Commission Washington, DC 20555 Assistant General Counsel for Enforcement Office of the General Counsel U.S. Nuclear Regulatory Commission Washington, DC 20555 Hon. Nahum Litt Chief Administrative Law Judge Office of Administrative Law Judges 800 K Street, N.W., Suite 400 Washington, DC 20001-8002 Hon. John M. Vittone Deputy Chief Administrative Law Judge Office of Administrative Law Judges 800 K Street, N.W., Suite 400 Washington, DC 20001-8002 Hon. Victor Chao Office of Administrative Law Judges 800 K Street, N.W., Suite 400 Washington, DC 20001-8002



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