Date: Jan. 6, 1997

Case No.: 96-ERA-24

In the Matter of:

LINDA ROBERTS,
    Complainant,

    v.

BATTELLE MEMORIAL INSTITUTE; ROBERT W. SMITH, JR.;
ROBERT E. LINCOLN; KATHY OLSON;
K.C. BROG; AND V.E. CASTLEBERRY,
    Respondents.

    On December 18, 1996, the undersigned issued a Recommended Order of Dismissal in the above-captioned matter. On January 2, 1997, this Office received a motion from Complainant requesting that the recommendation for dismissal be reconsidered.

    Although the implementing regulations at 29 C.F.R. Part 24 do not expressly authorize the reconsideration of a recommended decision by an administrative law judge, existing case law suggests that such reconsideration is permissible. See Smith v. Tennessee Valley Authority, 89-ERA-12 (Sec'y June 2, 1994). I decline to do so, however, where, as here, the movant has presented no additional facts or legal argument. As discussed extensively in my Recommended Order of Dismissal, Complainant's January 12, 1995 filing with the Department of Energy, later forwarded to the Department of Labor, was not timely. More than 180 days had elapsed since the date of the alleged discrimination.

    Accordingly, Complainant's request for reconsideration is DENIED.

       JOHN M. VITTONE
       Chief Administrative Law Judge

JMV/cy