U.S. Department of Labor Administrative Review Board
200 Constitution Avenue, N.W.
Washington, D.C. 20210
ARB CASE NO. 97-022
ALJ CASE NO. 96-ERA-42
DATE: OCT -3 1997
In the Matter of:
WILLIAM C. EIFF,
COMPLAINANT,
v.
ENTERGY OPERATIONS, INC.,
RESPONDENT.
BEFORE: THE ADMINISTRATIVE REVIEW BOARD
FINAL DECISION AND ORDER
This case arises under the employee protection provision of the Energy
Reorganization Act of 1974 (ERA), as amended, 42 U.S.C. §5851 (1988 and Supp. V
1993). Complainant, William C. Eiff, alleges that Respondent, Entergy Operations, Inc.
(Entergy), violated the ERA when it eliminated his position and reclassified him as a Senior
Engineer, which allegedly will limit the amount of bonuses available to him. In a Recommended
Decision and Order (R. D. and O.), the Administrative Law Judge (ALJ) recommended that the
complaint be denied because "there is no evidence to support an allegation that any of the
actions by the Respondent were motivated by or as a result of an intent to discriminate or
retaliate against Complainant for having engaged in alleged protected activities." R. D. and
O. at 9.
We accept the ALJ's recommended decision. With the exception of one
finding discussed below, we adopt the attached R. D. and O.1[Page 2]