Office of Administrative Law Judges 36 E. 7th Street, Suite 2525 Cincinnati, OH 45202
(513) 684-3252 (513) 684-6108 (FAX)
Issue Date: 23 June 2003 Case No. 2003-STA-35
In the Matter of
ROBERT WADE,
Complainant,
v.
SUMITEC, INC.,
Respondent.
RECOMMENDED ORDER OF DISMISSAL
The above styled-matter is currently pending before the undersigned. On June 5, 2003, Mrs. Robert Wade contacted the Office of Administrative Law Judges in regards to a letter she received from our office requesting a conference call on Friday, June 6, 2003. Mrs. Wade stated that her husband would not be available for the conference call and also stated that her husband had not appealed the Occupational Safety and Health Administration's ("OSHA") findings and therefore she was confused as to why our office was involved.
My attorney-adviser, Lindsey Morrill, discussed this matter with Cynthia A. Lee, Area Director of OSHA, during a telephone call conducted on June 5, 2003. Ms. Lee stated that she was not aware of any appeal made by Mr. Wade regarding the OSHA findings dated May 14, 2003. Additionally, my attorney spoke to Mrs. Wade, who again reiterated that her husband had not appealed the findings, nor did he have any desire to pursue this claim. Letters confirming these conversations were sent to all parties.
Based on the conversations with Mrs. Wade and Ms. Lee, as well as a thorough review of the file, it appears clear that Mr. Wade did not appeal the findings of OSHA. As such, this office lacks jurisdiction to review this claim.
Accordingly, IT IS HEREBY ORDERED that this matter is DISMISSED.
DANIEL J. ROKETENETZ
Administrative Law Judge
NOTICE: This Recommended Order of Dismissal and the administrative file in this matter will be forwarded for review by the Administrative Review Board, U.S. Department of Labor, Room S-4309, 200 Constitution Avenue, N.W., Washington, D.C. 202l0. See 29 C.F.R. § 1978.l09(a); 6l Fed. Reg. l9978 (l996).
