Seever v. Southern California Edison Co., 2000- ERA-22 (ALJ May 22, 2000)

U.S. Department of Labor

Office of Administrative Law Judges Heritage Plaza Bldg. - Suite 530 111 Veterans Memorial Blvd Metairie, LA 70005 (504) 589-6201 (504) 589-6268 (FAX)

Date Issued: May 22, 2000

Case No.: 2000-ERA-22

In the Matter of

DAVID L. SEEVER
    Complainant

    v.

SOUTHERN CALIFORNIA EDISON COMPANY
    Respondent

   1. This proceeding arises under the Energy Reorganization Act (Act), 42 U.S.C. 5851 and involves an appeal from a Decision reached by the Occupational Safety and Health Administration (OSHA).

   2. By determination letter dated April 13, 2000, OSHA advised David L. Seever (Complainant) that though he was a protected employee engaged in protected activity under the Act that his Employer, Southern California Edison Company, (Respondent) had committed no violation of the Act as Complainant alleged in his complaint.

   3. By letter dated April 23, 2000, Complainant appealed OSHA's findings, and the matter was assigned to the undersigned who established a formal trial date of May 31, 2000, so notifying the parties by order dated May 3, 2000.

   4. Prior to the hearing and subsequent to any further action being taken in this matter, Complainant, by written letter dated May 9, 2000, requested his appeal be withdrawn and that the determination of OSHA be allowed to stand as the final determination of the Department of Labor in this matter.

   5. In response to Complainant's request, and pursuant to 29 C.F.R. §24.6(e)(4)(B)(ii), an order issued on May 10, 2000, providing all interested parties a reasonable time by which to show cause why Complainant's request for dismissal should not be granted. The time for responding to that Order has now passed and no objections were forthcoming.

   It is my conclusion and recommendation that, as he requested, Complainant's appeal/claim be DISMISSED. Further, it is my Order the hearing in this matter scheduled for May 31, 2000, is hereby cancelled.

   SO ORDERED this 22nd day of May, 2000, at Metairie, Louisiana.

      C. RICHARD AVERY
      Administrative Law Judge

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NOTICE: This Recommended Decision and Order will automatically become the final order of the Secretary unless, pursuant to 29 C.F.R. §24.8, a petition for review is timely filed with the Administrative Review Board, U.S. Department of Labor, Room S-44309, Francis Perkins Bldg., 200 Constitution Ave., N.W., Washington, D.C. 20210. Such a petition for review must be received by the Administrative Review Board within ten business days of the date of this Recommended Decision and Order, and shall be served on all parties and on the Chief Administrative Law Judge. See 29 C.F.R. §§24.8 and 24.9, as amended by 63 Fed. Reg. 6614 (1998).