Tipton v. Indiana Michigan Power Co., 2002-ERA-30 (ALJ July 2, 2004)

U.S. Department of Labor

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.
    Respondent

    Since I have found that Mr. Kenneth Tipton's complaint has merit in that Indiana Michigan Power Company violated the employee protective provisions under the Energy Reorganization Act, 42 U.S.C. Section 5851, and the implementing regulations appearing at 29 C.F.R. Part 24.1, and that the Recommended Decision and Order dated June 29, 2004, contains the relief prescribed in 29 C.F.R. § 24.7(c)(1), I hereby issue this preliminary order, pursuant to § 24.7(c)(2), providing for immediate implementation of the following actions, with the exception of the compensatory damages, as follows:    IT IS ORDERED that,

1. I&M shall pay to Kenneth Tipton the sum of $148,775 representing $79,220 in lost salary from I&M, less salary received from subsequent employers; $5,207, representing 3% per year pay increase; $9,500 bonus pay (2002); $10,774, representing medical and dental insurance coverage replacement; and $44,074, representing net loss of fringe benefits, estimated at 33% of pay.

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 front pay of $ 91,038.

4. 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.

5. I&M shall pay Tipton's attorney's fees in the amount to be determined after briefing.

       JOSEPH E. KANE
      Administrative Law Judge

    The Preliminary Order Granting Relief is effective immediately. The Recommended Decision and Order, which includes the relief ordered in the Preliminary Order, will auto-matically become the final order of the Secretary unless, pursuant to 29 C.F.R. § 24.8, a petition for review is timely filed with the Administrative Review Board, U.S. Department of Labor, Room S-4309, Frances Perkins Building, 200 Constitution Avenue, N.W., Washington, D.C. 20210. Such a petition for review must be received by the Administrative Review Board within ten business days of the date of this Recommended Decision and Order, and shall be served on all parties and on the Chief, Administrative Law Judge. See 29 C.F.R. § 24.8 and 24.9, as amended by 63 Fed. Reg. 6614 (1998).