Hodgin v. Fluor Daniel Northwest, Inc., 1998-ERA-45 to 48 (ALJ May 16, 2000)

U.S. Department of Labor

Office of Administrative Law Judges 50 Fremont Street, Suite 2100 San Francisco, CA 94105 (415) 744-6577 (415) 744-6569 (FAX)

DATE: MAY 16, 2000

CASE NUMBERS: 1998-ERA-45, 46, 47, and 48

In the Matter of:

DONALD HODGIN, JESSIE JAYMES, SCOTT BRUNDRIDGE,
and RAYMOND RICHARDSON,
    Complainants,

vs.

FLUOR DANIEL NORTHWEST, INC.,
    Respondent.

   The above-captioned matter arises from a complaint filed on April 3, 1998 under the provisions of section 211 of the Energy Reorganization Act of 1974, as amended, 42 U.S.C. §5851. In brief, the Complainants alleged that the Respondent violated the provisions of section 211 by laying them off from their jobs to accommodate the reinstatement of seven other pipefitters who were returned to their positions pursuant to a settlement agreement reached in the matter of Holbrook et al. v. Fluor Daniel Northwest, 1998-ERA-4. The Complainants were also pipefitters at the Department of Energy's Hanford (Washington) Nuclear Site, who reported safety violations and were allegedly vocal and known supporters of the original seven pipefitters. These claims were initially investigated by the Regional Administrator for the Occupational Safety and Health Administration, who issued findings in favor of the Respondent in a letter dated August 11, 1998. Thereafter, the Complainants filed a timely request for a hearing pursuant to the provisions of 29 C.F.R. §24.4. In a Notice issued on February 22, 2000, a hearing on the merits of the complaint was scheduled to begin on June 12, 2000.

   On March 13, 2000, the counsel for the Complainants submitted a letter in which he represented that the Complainants have decided to pursue their claims in the courts of the State of Washington and wish to withdraw their section 211 complaint. The Respondents have not objected.

   Accordingly, it is recommended that the Secretary of Labor dismiss the aforementioned section 211 complaint.

       Alexander Karst
       Administrative Law Judge

NOTICE: This Recommended Decision and Order will automatically become the final order of the Secretary of Labor unless, pursuant to 29 C.F.R. §24.8, a petition for review is timely filed with the Administrative Review Board, United States Department of Labor, Room S-4309, Frances Perkins Building, 200 Constitution Avenue, N.W., Washington, D.C. 20210. Such 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).