Case No.: 92-ERA-7

In the Matter of:

Mike Mulligan
    Complainant

    v.

Vermont Yankee Nuclear Power Plant
    Respondent

    In the above-entitled action, the Assistant District Director, Employment Standards Administration, Wage and Hour Division determined that the original complaint was not timely filed and therefore, the Wage and Hour Division would not investigate the alleged violations. The Complainant duly and timely requested a hearing and the matter was referred to this office for further action.

    On November 15, 1991 this office issued an Order to Show Cause why the complaint should not be dismissed for failure to file it in a timely matter. In response, Claimant has filed with this office a Response to the Order to Show Cause and an Amended complaint making allegedly material changes in the facts underlying the Complaint and asserting that the Amended Complaint was, in fact, timely filed.

    Accordingly, this action is hereby ORDERED REMANDED to the Assistant District Director, Employment Standards Administration, Wage and Hour Division, for consideration of the Amended Complaint and the Response to the Notice to Show Cause and for such further determination and action as may be appropriate in the circumstances.

       GEORGE G. PIERCE
       Administrative Law Judge

Dated: DEC 17 1991
Boston, Massachusetts
GGP:aml