1On April 17, 1996,
the Secretary of Labor delegated authority to issue final agency decisions under this statute and
the implementing regulations to the newly created Administrative Review Board (Board).
Secretary's Order 2-96 (Apr. 17, 1996), 61 Fed. Reg. 19978, May 3, 1996. Secretary's Order 2-96
contains a comprehensive list of the statutes. executive order, and regulations under which the
Board now issues final agency decisions.
2See
MacLeod's Complaint, filed December 27, 1993; Recommended Decision and Order at 2. The
ALJ docket number erroneously indicates filing under the Clean Air Act (CAA) but is maintained for
record keeping consistency.
3ALARA is an
acronym for "as low as is reasonably achievable." Nuclear Regulatory Commission
regulations promulgated pursuant to the ERA require licensees to make every reasonable effort to
maintain radiation exposures and releases of radioactive materials in effluents to unrestricted
areas as low as is reasonably achievable. 10 C.F.R. § 20.1(c) (1992); Transcript at 262-65.
4MASS refers to
a material accountability safeguards and security system whereby data is entered in the computer
to track the location of special nuclear materials within the facility. T. at 168-69, 408.
5A hot area is
one where radioactive substances are being worked with and there is the potential for an exposure
event. T. at 147.
6We agree with
the ALJ's finding that MacLeod's comment to a DOE auditor was not a motivating factor in her
termination. R. D. and O. at 32.
7We need not
address MacLeod's argument concerning an alleged adverse action that occurred in October 1992.
That action, occurring over one year before she filed her complaint, was time barred. 42 U.S.C.
§ 5851(b)(1).