ARB CASE NO. 03-039
ALJ CASE NO. 2002-ERA-3
DATE: December 16, 2003
In the Matter of:
JEROME REID,
COMPLAINANT,
v.
NIAGARA MOHAWK POWER CORPORATION,
RESPONDENT.
BEFORE: THE ADMINISTRATIVE REVIEW BOARD
Appearances:
For the Complainant:
Jerome Reid, pro se, Syracuse, New York
For the Respondent:
Robert A. LaBerge, Esq., Bond, Schoeneck & King, LLP, Syracuse, New York
FINAL DECISION AND ORDER
BACKGROUND
Jerome Reid filed a complaint pursuant to the Energy Reorganization Act (ERA), 42 U.S.C.A § 5851 (West 1995), alleging that his employer Niagara Mohawk Power Corporation had unlawfully retaliated against him in violation of the ERA's whistleblower protection provisions. Pursuant to 29 C.F.R. § 24.5(d) (2003), a Department of Labor Administrative Law Judge (ALJ) was assigned to hear the case.
On December 26, 2002, the ALJ issued a Recommended Decision and Order of Dismissal for Failure to Comply with Lawful Orders (R. D. & O.). The ALJ found that, "Complainant's complete disregard for and failure to comply with three separate Orders including his failure to attend his scheduled deposition without good cause, constitutes a proper basis for dismissal of the complaint." R. D. & O. at 3.
Reid filed a Petition for Review with the Board pursuant to 29 C.F.R. § 24.8(a). In response to the Petition for Review, on January 15, 2003, the Administrative Review Board issued a Notice of Appeal and Order Establishing Briefing Schedule. In the Order, the Board informed Reid that his opening brief was due on or before February 14, 2003.
On February 13, 2003, Reid requested an enlargement of time of thirty days to submit his opening brief. The Board granted this request and ordered Reid to submit his brief on or before March 17, 2003.
On March 16, 2003, Reid requested a second enlargement of time to submit his opening brief. The Board granted this request and ordered Reid to submit his brief on or before April 16, 2003. At that time the Board reminded Reid, "this is [your] second request for an extension of time. Continual requests for extensions of time are looked upon unfavorably and may result in case dismissal."1 [Second] Order Granting Extension of Time and Amending Briefing Schedule.
[Page 2]
1 The Board had previously dismissed Reid v. Niagara Mohawk Power Corp., ARB No. 01-083 (Dec. 10, 2001), in which Jerome Reid was the complainant, for failure to prosecute.
2 Niagara notes that the law firm of Brown & Hutchinson began representing Reid with respect to his New York State Division of Human Rights complaint prior to a March 14, 2003 conference held in this matter.