DECISION OF THE SECRETARY
Stephen A. Wedderspoon filed & complaint alleging that he
was discriminated against in his employment because of activities
to carry out the purposes of the Water Pollution Control Act,
as amended (33 U.S.C. 1251, et seq .), in violation of Section
507 of that Act (86 Stat. 890; 33 U.S.C. 1367).
A hearing was held before an Administrative Law Judge.
Thereafter, the Judge issued a recommended decision dated July
11, 1980, containing his recommended findings of facts, conclusions
of law, and order. He found that the respondent discriminated
against the complainant by suspending him for five days without
pay because of acts protected by 33 U.S.C. 1367, in violation
of that Section.
On the basis of the entire record, it is my conclusion that
the recommended findings of fact, conclusions of law, and order
contained in the Administrative Law Judge's recommended decision,
dated July 11, 1980, are supported by the evidence, are in
accordance with applicable law, and are proper, and I adopt them
as my own.
Accordingly, the City of Cedar Rapids, IA, is ordered to
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repay complainant for five days' lost wages the sum of $225.20
with interest at the current rate established by the Secretary
of the Treasury for use in computing interest in government
contracts, as adopted by the Office of the Assistant Secretary of
Labor for Administration and Management, and to expunge physically
from complainant's personnel records any reference to the
disciplinary action taken against him, as represented by the Employee
Discipline Report (Compl. Ex. 3) or any other reference thereto
in any record maintained by respondent concerning complainant.
Dated at Washington, D.C.
this 28th day of July, 1980
RAY MARSHALL
Secretary of
Labor
[ENDNOTES]
1 The City's Water Pollution Control
Director was also named as a respondent. However, at the hearing the parties agreed to remove
him as a respondent and the proceeding is dismissed against him as recommended by the Judge.