In the Matter of

    PATRICK PAUL WILSON

    This is a proceeding under Section 1367 of the Federal Water Pollution Control Act, as amended (33 U.S.C. § 1251, et seq.), hereinafter referred to as the Act. Section 1367 (33 U.S.C. § 1367) provides that no person shall fire or otherwise discriminate against an employee by reason of the fact that he has instituted a proceeding under the Act, or has testified or is about to testify in such a proceeding. Any employee who believes that he has been fired or discriminated against in violation of this provision may apply to the Secretary of Labor for a review of such firing or alleged discrimination.

    On March 2, 1976, Patrick P. Wilson submitted an application for review alleging that he was discharged from employment by the City of Edgewater, Florida in violation of Section 1367 of the Act. A hearing was held before an Administrative Law Judge, hereinafter referred to as the Judge, at which the parties were represented by counsel and were afforded an opportunity to adduce evidence, call, examine and cross-examine witnesses.

    On March 3, 1977, the Judge issued his decision. He found that the City of Edgewater was a "person" to which. Section 367 was applicable, and that Wilson had instituted a proceeding within the purview of that section. However, the Judge found that the evidence was insufficient to

support a finding that Wilson was discharged for such action or for engaging in other activity protected by the Act. He concluded that Wilson was fired because he refused without good cause to carry out legitimate job assignments. Accordingly, the judge recommended that his application be dismissed.

    Upon a review of the entire record, it is my conclusion that the findings of fact and conclusions of law of the Administrative Law Judge are supported by the evidence in the record, are in accordance with applicable law, and are correct, and I adopt them as my own. Accordingly, the application of Patrick Paul Wilson is dismissed.

Dated at Washington, D.C.
this 6th day of May, 1977.

       RAY MARSHALL
       Secretary of Labor