Case No. 85-WPC-3

In the Matter of

Donald Rexroat,
    Complainant

    v.

City of New Albany, Indiana,
    Respondent

   This proceeding arises under the employee protection (whistleblower) provision of the Water Pollution Control Act, 33 U.S.C. § 1367 (1982), and implementing regulations at 29 C.F.R. Part 24 (1985), which prohibit an employer from discriminating against an employee because the employee has engaged in an activity protected under that section.

   This case is before me on the Amended Recommended Decision and Order of Administrative Law Judge (ALJ) Richard D. Mills, issued November 15, 1985. The ALJ found that Complainant had proven by a preponderance of the evidence that his discharge from employment by Respondent was motivated by his protected activity.

   The record in this case has been thoroughly reviewed, and I agree with the ALJ's findings and recommendation. Accordingly, I adopt Judge Mills' decision and order in its entirety. A copy of Judge Mills' decision and order is appended to this order.

       WILLIAM E. BROCK
       Secretary of Labor

Dated: APR 17 1986
Washington, D.C.