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USDOL/OALJ Reporter
Bonanno v. Northeast Nuclear Energy Co., 92-ERA-40 and 41 (ALJ Sept. 29, 1992)


U.S. Department of Labor
Office of Administrative Law Judges

Date: September 29, 1992

Case Nos.: 92-ERA-40/41

In the Matter of:

THOMAS M. BONANNO,

Complainant

   v.

NORTHEAST NUCLEAR ENERGY COMPANY, and
C.N. FLAGG POWER, INC.,

Respondents

RECOMMENDED ORDER OF DISMISSAL

   On September 11, 1992, I issued an Order to Show Cause, ordering Complainant to show cause why the complaint should not be dismissed for (1) untimeliness and/or (2) failure to state how this forum can provide a remedy for the allegedly unlawful actions of Respondents, where the complaint fails to identify any allegedly discriminatory action which had not been subsequently redressed. Specific reference was made to the regulation in 29 C.F.R. §24.6 which contains the actions which the Secretary may take to "abate the violation."1

   In his reply, Complainant states among other allegations regarding the timeliness of his complaint, "... I am not at this time seeking any restoration other than that criminal (Sic) justice be served, specifically that any criminal conduct on the part of any individuals involved in my case be dealt with to the fullest extent of the law." (p. 2 letter of September 19, 1992)


[Page 2]

   Assuming the complaint to be timely, my review of the file, including Complainant's correspondence, convinces me that complainant still believes he is justifiably aggrieved and is seeking criminal retribution against Respondents. This falls outside the scope of authority of this forum.

   No other action appears necessary to restore Complainant to the position he enjoyed prior to the outset of the alleged discriminatory action by Respondents.

   I recommend, for the above reasons, that this complaint be DISMISSED.2

      ANTHONY J. IACOBO
      Administrative Law Judge

Date: SEP 29 1992

Boston, Massachusetts
AJI:aml

[ENDNOTES]

1A copy of the regulations were enclosed and sent to Complainant by the Assistant District Director on May 27, 1992.

2A final order is issued by the Secretary 29 C.F.R. § 24.6(b).



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