skip navigational linksDOL Seal - Link to DOL Home Page
Images of lawyers, judges, courthouse, gavel
September 24, 2008         DOL Home > OALJ Home > Whistleblower Collection
USDOL/OALJ Reporter
Kim v. Trustees of University of Pennsylvania, 91-ERA-45 (Sec'y July 31, 1995)


U.S. DEPARTMENT OF LABOR

SECRETARY OF LABOR
WASHINGTON, D.C.

DATE: [July 31, 1995]
CASE NOS. 91-ERA-45
    92-ERA-8

IN THE MATTER OF

SANG JOO KIM,
    PLAINTIFF,

    v.

THE TRUSTEES OF THE
UNIVERSITY OF PENNSYLVANIA,
    RESPONDENT .

BEFORE: THE SECRETARY OF LABOR

ORDER

   On June 17, 1992 the Secretary of Labor issued a Final Order Approving Settlement Agreement and Dismissing Cases. On May 20, 1994 Complainant Sang Joo Kim sent a letter requesting that the June 17, 1992 decision be reconsidered. On July 11, 1994, the Acting Director of the Office of Administrative Appeals replied to Kim, stating that the June 17, 1992 decision could not be reconsidered. Mr. Kim was told that he had a right to file a new complaint to the extent he believed that Respondent continued to retaliate against him. On December 17, 1994, Kim again requested reconsideration of the Secretary's June 17, 1992 Order of Dismissal.

   The June 17, 1992 Order is final agency action with regard to Case


[Page 2]

Numbers 91-ERA-45 and 92-ERA-8. Further review is not possible. As was explained in the July 11, 1994 letter, any perceived continued retaliation must be the subject of a new complaint.

   For the foregoing reason the request for reconsideration is denied. Because it does not appear that Respondent was served with Kim's request, a copy of that request will be sent to Respondent along with this Order.

    SO ORDERED.

       ROBERT B. REICH
       Secretary of Labor

Washington, D. C.



Phone Numbers