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USDOL/OALJ Reporter Erickson v. U.S. Environmental Protection Agency, 2003-CAA-11 (ALJ Apr. 23, 2003)
Issue Date: 23 April 2003 CASE NO.: 2003 -CAA- 11 IN THE MATTER OF
SHARYN ERICKSON,
v.
U.S. ENVIRONMENTAL PROTECTION AGENCY,
On April 21, 2003, Complainant filed a Motion to Remand to OSHA to Investigate, alleging that Respondent was contending that this Court lacked jurisdiction because OSHA did not investigate, and Complainant requested that this Court order an OSHA investigation so as not to delay trial on May 13, 2003. On October 9, 2002, Complainant filed a complaint alleging ten instances of continuing retaliation and hostile working environment against Respondent following a Recommended Decision and Order issued by this Court on September 24, 2002. On January 29, 2003, OSHA advised that the complaint was investigated and found to have no merit. Specifically, OSHA determined that the complaint, as submitted, failed to meet the prima facie allegation requirements, the complaint appeared to be a continuation of prior allegations, and due to Complainant's counsel's lack of cooperation in the investigation, OSHA dismissed the case. Complainant's request is very similar to a motion made by her counsel in an earlier case. In considering a request to remand a case back to OSHA for investigation, Judge Burke reasoned:
Erickson v. Inspector General, U.S. Environmental Protection Agency, 2001 CAA 8 (April 13, 2001) (ALJ, Order Denying Request for Remand). [Page 2] Likewise, I find no basis in this case to Remand the complaint back to OSHA for further investigation. IT IS ORDERED that Complainant's Motion to Remand to OSHA to Investigate is DENIED.
CLEMENT J. KENNINGTON
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