U.S. Department of Labor
Office of Administrative Law Judges
Suite 201
55 West Queens Way
Hampton, Virginia 23669
804 722-0571
DATE: SEPTEMBER 28, 1987
CASE NO.: 87-ERA-17
IN THE MATTER OF
PATTY S. MIRIELLO,
Complainant
v.
CAROLINA POWER & LIGHT COMPANY,
AND
CHARLESTON NAVAL SHIPYARD,
Respondents.
ORDER GRANTING MOTIONS TO DISMISS
On October 6, 1986, Patty Miriello, Complainant, filed
complaints against Carolina Power and Light Company, CP&L, and
Charleston Naval Shipyard, CNS, alleging discriminatory actions
in violation of the Energy Reorganization Act of 1974 (the Act),
42 U.S.C. § 5851.
On February 17, 1987, Jerry Stuckey, Area Director for the Wage
and Hour Division of the Department of Labor, in Columbia, South
Carolina, issued his denial of Complainant's claim against CNS.
Complainant, via telegram, requested a formal hearing on February
24, 1987.
On March 4, 1987, James Stewart, Area Director for the Wage
and Hour Division in Raleigh, North Carolina, denied the claim
against CP&L. There are no documents in the formal file that
Complainant took any action to appeal this determination.
CNS filed its Motion to Dismiss on April 28, 1987. on June 1,
1987, CP&L filed its Motion to Dismiss. Complainant has not filed
1 In addition to not filing a response to
the motions for
dismissal, Complainant failed to comply with the Order of June 5,
1987. Therein she was ordered to list all attempts to obtain
counsel by June 15, 1987. Complainant filed a response on July
8, 1987, but failed to list her attempts. Additionally she
failed to serve copies of correspondence sent to this Office
with the opposing parties despite the Order of June 5, 1987,
Memorandum of March 20, 1987, and various telephone conference
calls from the undersigned.
(b) Any employee who has authority to take, direct others
to take, recommend, or approve any personnel action, shall
not, with respect to such authority --
(8) take or fail to take a personnel action with respect
to any employee or applicant for employment as a reprisal
for --
(A) a disclosure of information by an employee or
applicant which the employee or applicant reasonably
believes evidences --
(i) a violation of any law, rule, or regulation, or
(ii) mismanagement, a gross waste of funds, an abuse
of authority, or a substantial and specific danger to
public health or safety,
if such disclosure is not specifically prohibited by law and
if such information is not specifically prohibited by law and
if such information is not specifically required by Executive
order to be kept secret in the interest of national defense
or the conduct of foreign affairs; or
(B) a disclosure to the Special Counsel of the Merit Systems
Protection Board, or to the Inspector General of an agency to
receive such disclosures, of information which the employee or
applicant reasonably believes evidences --
(i) a violation of any law, rule, or regulation, or
(ii) mismanagement, a gross waste of funds, an abuse of
authority, or a substantial and specific danger to public
health or safety.