Hasan v. Commonwealth Edison Co., 1999-ERA-17 (ALJ July 7, 1999)

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: July 7, 1999

CASE NO.: 1999-ERA-17

IN THE MATTER OF

    SYED M. A. HASAN
       Complainant

       v.

    COMMONWEALTH EDISON CO.,
    AND THE ESTES GROUP, INC.,
       Respondents

   Complainant initially filed this action under Section 211 of the Energy Reorganization Act of 1974, as amended, on April 6, 1999, alleging that he suffered from discriminatory and retaliatory practices by his employer, Commonwealth Edison Co., after reporting alleged safety violations. The matter was referred to the Office of Administrative Law Judges and a formal hearing was scheduled, but a continuation was granted pending Complainant's appeal of a ruling granting Respondents' request to transfer the hearing location. Complainant now comes asking the aforementioned motions to be granted. Respondents have filed responses in opposition.

   Complainant presents with a number of issues in each of his Motions and each will be addressed in turn:

   (I) In Complainant's Motion to Disqualify Respondents' attorneys, Donn C. Meindertsma and Burr E. Anderson, and their law firms, Complainant alleges both attorneys "knowingly and intentionally made false assertions" regarding the date of the firm's retention in the above case and the availability of documents. Respondents deny making any false assertions.

   MOTION DENIED. Complainant has shown no grounds for disqualification of either of Respondents' attorneys or their respective firms in this case.

   (II) Complainant requests Default Judgments against ComEd be entered due to "gross professional misconduct" allegedly committed by David Jenkins of ComEd for use of material from a previous ERA case filed by Complainant, and against the Estes Group for withholding documents. Respondents deny any misconduct.

   MOTION DENIED. Complainant has shown no grounds for Default Judgment against either Respondent.

   (III) Complainant requests a copy of the latest contract agreement between ComEd and The Estes Group, Inc.. ComEd argues the requested contract is irrelevant and the relevant contract regarding Claimant's employment has been provided.

   MOTION DENIED, in as much as the contract relevant to Claimant's employment has been furnished.

   (IV) Complainant requests production of the Engineering Requests (ER) lists distributed by Jim Ray in January, 1999. ComEd responds such lists have been difficult to obtain, however, all lists thus far located have been provided and any additional documents will be forwarded.

   MOTION GRANTED. Respondents shall provide the aforementioned requested lists within fifteen days of the date of this ORDER.

   (V) Complainant requests a copy of document "SL-4617" and a copy of every revision of calculation nos. L-001966, L-002291, L-002379 and L-002424. ComEd argues such documentation is irrelevant.

   MOTION GRANTED. Respondents shall provide the aforementioned documents within fifteen days from the date of this ORDER.

   (VI) Complainant requests a response to his Request for Production of Documents Nos. 11 & 12 and Interrogatory No. 8, which seek the names and qualifications of all the civil/structural/pipe support engineers working or who worked for the Estes Group, Inc. at various offices/ Sites of Commonwealth Edison's since 1998. Respondents did not respond to this request.

   MOTION GRANTED. Respondent shall provide the aforementioned information within fifteen days of the date of this ORDER.

   (VII) Complainant requests a copy of any correspondence between ComEd and the Winston & Strawn law firm prior to May 17, 1999. ComEd responds that any such information is privileged.

   MOTION DENIED, as requested material is privileged between attorney and client..

    Complainant having alleged no basis for disqualification of Respondents' attorneys or for a Default Judgment against either of Respondents, Complainant's Motions for Disqualification and for Default Judgment and Sanctions are hereby DENIED, as are certain of Complainant's discovery requests. Otherwise, Complainant's additional discovery requests are GRANTED and shall be provided within fifteen days of the date of this ORDER.

   So ORDERED this 7th day of July, 1999, at Metairie, Louisiana.

      C. RICHARD AVERY
      Administrative Law Judge

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