Office of Administrative Law Judges 36 E. 7th Street, Suite 2525 Cincinnati, OH 45202
(513) 684-3252 (513) 684-6108 (FAX)
Issue Date: 02 July 2004
Case No: 2002-ERA-00030
In the Matter of:
KENNETH J. TIPTON
Complainant
v.
INDIANA MICHIGAN POWER CO.
ERRATUM
and
RECOMMENDED ORDER
On June 29, 2004, I issued a Proposed Decision and Order in the above-captioned case. In complying with 29 C.F.R. § 24.7, we are changing the title to RECOMMENDED DECISION and ORDER. To correct calculation errors in the Recommended Order, I issue this Amended Order as follows:
1. I&M shall pay to Kenneth Tipton back pay as follows:
a. lost salary from I&M, less salary but not per diem received
from AMES and NMC, in mitigation1
$79,220;
b. lost three percent per year increase
5,207;
c. ten percent bonus pay (2002)
9,500;
d. medical and dental coverage replacement
10,774;
e. net lost value of fringe benefits (estimated 33% of pay)2
44,074;
Totaling
$148,775.
2. I&M shall purge Tipton's personnel file as outlined above and shall post copies of this decision in the common areas of Cook Plant.
3. I&M shall pay Tipton's attorneys' fees in the amount to be determined after briefing.
4. I&M shall pay Tipton front pay of $ 91,038.
5. I&M shall pay compensatory damages of $ 25,000.
6. Where applicable, that Tipton receive interest at the rate specified in 26 U.S.C. § 6621 on all amounts set forth herein from the last day of trial, through the date of compliance with this order.
7. Both Parties shall submit their respective briefs within the time stated regarding attorney fees.
JOSEPH E. KANE
Administrative Law Judge
[ENDNOTES]
1 Mitigation salary but not per diem amounts from AMES ($52,800 and 22,440, respectively) and NMC ($41,538); overtime amounts listed in CX 15 as $3,000 and $5,423, respectively, not deducted. Per diem compensates the employee for living expenses while working away from home and thus, does not represent compensation for purposes of mitigation.
2 33% of salary at I&M ($57,274), less 33% of salary received at NMC ($13,200).
