U.S. Department of Labor
Office of Administrative Law Judges
211 Main Street
San Francisco, California 94105
Suite 600
(415) 974-1514
FTS 8 454-0514
CASE NO. 82-ERA-11
In the Matter of
THOMAS J. HICK,
Complainant
v.
WESTERN CONCRETE STRUCTURES,
INC.,
Employer/Respondent
John B. Rowe
Attorney at Law
Scoggin Building
617 North Third Street
Phoenix, Arizona 85004
For the Complainant
N. Douglas Grimwood
Attorney at Law
Twitty, Sievwright & Mills
1700 TowneHouse Tower
100 West Clarendon
Phoenix, Arizona 85013
For the Employer/Respondent
Before: ALFRED LINDEMAN
Administrative Law Judge
RECOMMENDED DECISION AND ORDER
Statement of the Case
This is a proceeding pursuant to the Energy Reorganization Act
of 1974 (hereinafter "the Act"), 42 U.S.C. § 5851, and the applicable
[Page 2]
implementing regulations at 29 C.F.R. Part 24. Complainant
seeks reinstatement and back pay after being terminated from his
job as a Quality Control Investigator and Quality Control Supervisor
for the employer herein allegedly because he participated in
action protected by the Act.
1 It is noted that the hearing was not
held until said date in
part because complainant requested and was granted, over objections
by the employer, continuances of two previously scheduled hearing
dates before other administrative law judges. See 29 C.F.R.
§ 24.3(a). Also, because of said postponements and the opportunity
they afforded for appropriate discovery measures, the March 16,
1983, motion by the Solicitor of Labor to quash complainant's
subpoena of the Wage and Hour Division's investigatory files was
granted.
No employer, including a . . . contractor or a
subcontractor of a [Nuclear Regulatory] Commission
licensed or applicant, may discharge any employee or
otherwise discriminate against any employee with
respect to his compensation, terms, conditions, or
privileges of employment because the employee . . .
(1) commenced, caused to be commenced, or is about to
commence or cause to be commenced a . . . proceeding
for the administration or enforcement of any
requirement imposed under this chapter or the Atomic
Energy Act of 1954, as amended;
(2) testified or is about to testify in any such
proceeding or;
(3) assisted or participated or is about to assist or
participate in any manner in such proceeding or in any
other manner in such proceeding or in any other action
to carry out the purposes of this Act or the Atomic
Energy Act, of 1954, as amended.
(emphasis added) 42 U.S.C. § 5851 (a). The implementing regulations
state that:
any person is deemed to have violated the particular
federal law and these regulations if such person
intimidates, threatens, restrains, coerces, blacklists,
discharges, or in any other manner discriminates
against any employee . . . .
who has engaged in any activity set forth in the statute.
29 C.F.R. § 24.2(b).