DATE: June 28, 1990
CASE NO. 87-SWD-1

IN THE MATTER OF

JOHN DEVINE,
    COMPLAINANT,

    v.

BUNCOMBE COUNTY DEPARTMENT
OF ENGINEERING SERVICES,
    RESPONDENT.

BEFORE: THE SECRETARY OF LABOR

   The Administrative Law Judge (ALJ) in this case arising under the employee protection provision of the Solid Waste Disposal Act (SWDA), 42 U.S.C. § 6971 (1982), submitted a Recommended Decision and Order (R.D. and O.) (copy attached) finding that Respondent did not discriminate against Complainant for having previously filed a complaint under SWDA With the Department of Labor in 1985 or for having been listed as a witness on behalf of another complainant under SWDA in 1984. complainant had alleged that Respondent discriminated against him in December, 1986, when it implemented a new pay grade system for all county employees, and when it refused to grant him leave without pay to take a course at a local college and then fired him when he was absent from work for more than three days while taking the course.

   Complainant, who appears pro se, and Respondent filed briefs with the Secretary following issuance of the R.D. and O. The record, including the parties' briefs, has been reviewed and it fully supports the ALJ's findings of fact which I adopt. Under Dartey v. Zack Company of Chicago, Case No. 82-ERA-2, Sec. Dec. April 25, 1983, which sets forth the burdens of proof applicable in environmental whistleblower cases under 29 C.F.R. Part 24, I agree with the ALJ's conclusion that Complainant has not proven that the actions taken against him were motivated by his protected activity., Accordingly, this case is DISMISSED.

   SO ORDERED.

       ELIZABETH DOLE
       Secretary of Labor

Washington, D.C.