Office of Administrative Law Judges 800 K Street, NW, Suite 400-N Washington, DC 20001-8002
Issue date: 04Apr2002
CASE NO.: 2002 ERA 8
In the Matter of
JAMES A. UREMOVIC
Complainant
v.
EXELON NUCLEAR
Respondent
Appearances:
Mr. Christopher Hexter, Attorney
For the Complainant
Mr. Donn C. Meindertsma, Attorney
For the Respondent
Before: Richard T. Stansell-Gamm
Administrative Law Judge
RECOMMENDED DECISION AND ORDER - CASE DISMISSAL WITH PREJUDICE
This case arises under the employee protection provision of the Energy Reorganization Act of 1974, as amended ("ERA" and "Act"), Section 211, 42 U.S.C. 5851, as implemented by 29 C.F.R. Part 24 (effective date - March 11, 1998; see 63 Federal Register 6614, February 9, 1998). This statutory provision prohibits an employer from discharging or otherwise discriminating against any employee with respect to compensation, terms, conditions, or privileges of employment because the employee engaged in activities to carry out the purposes of the statute.
The Complainant, Mr. James A. Uremovic, filed a complaint under the Act on August 21, 2001 alleging that the Respondent, Exelon Nuclear, placed him in layoff status in retaliation for his alleged protected activity under the ERA. On October 29, 2001, the Area Director, Occupational Health and Safety Administration ("OSHA"), notified Mr. Uremovic that an investigation did not verify his allegation that discrimination was a factor in the company's actions toward him. In response, Mr. Uremovic filed a timely appeal with the Office of Administrative Law Judges. After granting a continuance for discovery, I set a hearing date of April 2, 2002, to be held jointly with a companion case,1 in Chicago, Illinois.
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