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September 25, 2008         DOL Home > OALJ Home > Whistleblower Collection
USDOL/OALJ Reporter
Wedderspoon v. City of Cedar Rapids, Iowa, 80-WPC-1 (Sec'y July 28, 1980)


UNITED STATES OF AMERICA
DEPARTMENT OF LABOR
CASE NO. 80-WPCA-1

In the Matter of

STEPHEN A. WEDDERSPOON
    Complainant

    vs.

CITY OF CEDAR RAPIDS, IA.,
    Respondent1

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


[Page 2]

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.



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