Giambalvo v. The Wackenhut Corp., 2001-ERA-10 (ALJ Mar. 13, 2001)

U.S. Department of Labor

Office of Administrative Law Judges 800 K Street, NW, Suite 400-N Washington, DC 20001-8002

Date Issued:March 13, 2001
Case Number: 2001-ERA-00010

In the Matter of:

VINCENT GIAMBALVO,
    Complainant,

v.

THE WACKENHUT CORP.,
    Respondent.

   Consolidated Edison (Con Edison) moves that it be dismissed from this proceeding filed under the employment protection provisions of Section 210 of the Energy Reorganization Act, 42 USC 585. Con Edison cites the finding by OSHA that Con Edison did not have an employer-employee relationship with Vincent Giambalvo (complainant) at the time of the asserted protected activity, and the fact that neither the claimant nor Respondent, The Wackenhut Corporation (Wackenhut), appealed the finding by OSHA that Con Edison was not liable under the Act.

   Con Edison, in its motion states that counsel for claimant has no objection to Con Edison's dismissal. Wackenhut, by letter dated March 8, 2001, stated that it does not oppose the dismissal of Con Edison.

    Upon consideration of aforesaid, it is ORDERED:

   1) The motion by Consolidated Edison that it be dismissed from this claim is granted; and
   2) Consolidated Edison is dismissed as a party to this case.

      THOMAS M. BURKE
      Associate Chief Judge

Washington, DC
THB/cmt