U.S. Department of Labor Office of Administrative Law Judges
1111 20th Street, N.W.
Washington, D.C. 20036
Case No.: 88-CAA-5
In the Matter of
FRANK CORNISH
v.
CONSOLIDATED EDISON COMPANY
OF NEW YORK, INC.
RULING ON MOTION TO DISMISS AND REQUEST FOR
A HEARING
By telegram dated February 4, 1988, the attorney for the
Complainant requested a formal hearing appealing the Area Director's determination that the
complaint in this matter was filed in an untimely manner. On March 15, 1988, counsel for
Consolidated Edison ("Con Ed") moved that this appeal be dismissed without a
hearing.
The file in this case is devoid of any information upon which either
Complainant's request or Con Ed's motion can be considered.
Accordingly, a hearing on this matter will initially entertain the
threshold question of whether the Complainant filed his complaint within the 30-day period
mandated by 29 C.F.R. § 24.3(b). If it is determined at that time that the Complainant was
not in compliance with the regulatory time limitation, the case will be dismissed. If, on the other
hand, it is determined that there is insufficient evidence to show an untimely filiing, the hearing
will go forth on the merits of the case.
