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September 25, 2008         DOL Home > OALJ Home > Whistleblower Collection
USDOL/OALJ Reporter
Hu v. Public Service Electric & Gas Co., 93-ERA-38 (Sec'y Oct. 19, 1995)


DATE:  October 19, 1995
CASE NO. 93-ERA-38 


IN THE MATTER OF

TEH K. HU,

          COMPLAINANT,

     v.

PUBLIC SERVICE ELECTRIC
AND GAS COMPANY,

          RESPONDENT.


BEFORE:  THE SECRETARY OF LABOR


                         FINAL DECISION AND ORDER

     This case is before me pursuant to the employee protection
provision of the Energy Reorganizaton Act of 1974, 42 U.S.C. 
§ 5851 (1988) (ERA).  The Administrative Law Judge (ALJ)
issued a Recommended Decision and Order (R. D. and O.) on
December 8, 1993.  The parties have filed briefs, which have been
reviewed along with the record.[1]   
     Hu alleged that Public Service Electric and Gas Company (PSE
& G) fired him in retaliation for activity protected by the ERA. 
Following an evidentiary hearing, the Administrative Law Judge
(ALJ) issued an R. D. and O. (attached) concluding that Hu had
timely filed his complaint, but that he had not been
discriminated against in violation of the ERA.  The ALJ
recommended that the case be dismissed.  
     The ALJ's findings of fact and conclusion that Hu was not
retaliated against are amply supported by the evidence. 
Therefore I do not find it necessary to review the ALJ's
conclusion that Hu's pro se complaint was timely filed.  I
adopt the R. D. and O. and dismiss the case.  


[PAGE 2] SO ORDERED. ROBERT B. REICH Secretary of Labor Washington, D.C. [ENDNOTES] [1] Subsequent to the filing of briefs, Complainant Hu sent several letters to the Department of Labor and to various individuals in the Executive Branch. I have not considered these extra-record materials in reaching my decision.



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