U.S. Department of Labor Administrative Review Board
200 Constitution Avenue, N.W.
Washington, D.C. 20210
ARB CASE NO. 97-075 (ALJ CASE NO. 97-ERA-25) DATE: APR 23 1997
In the Matter of:
DONALD C. SMITH, COMPLAINANT,
v.
TENNESSEE VALLEY AUTHORITY, RESPONDENT.
BEFORE: THE ADMINISTRATIVE REVIEW BOARD
ORDER OF DISMISSAL
On March 26, 1997, the Board issued an Order to Show cause why the
captioned matter should not be dismissed, based on the procedural history of this case in which, on
March 12, 1997, Administrative Law Judge (ALJ) Lee J. Romero, Jr. issued an Order Granting
Summary Decision and Recommended Order of Dismissal in this matter. Complainant had
requested a hearing in a previous case (ALJ Case No. 96-ERA-10), seeking to appeal the findings
of the District Director that Complainant had failed to establish a prima facie case of
discrimination under the Energy Reorganization Act of 1974 (ERA), as amended, 42 U.S.C. §
5851 (1988).
1ALJ Quentin McColgin issued a
recommended Order on May 22, 1996 recommending approval of the settlement agreement and
dismissal of the complaint. The Administrative Review Board issued a Final Order Approving
Settlement Agreement and Dismissing Complaint on June 24, 1996.