Department of Labor Office of Administrative Law Judges
800 K Street, N.W.
Washington. D.C. 20001-8002
DATE: JUL 2 1993
IN THE MATTER OF
DOUGLAS E. BILLINGS,
Complainant
v.
BECHTEL GROUP,
BOWATER SOUTHERN PAPER CORPORATION,
Respondent
CASE No. 89-ERA-45
RECOMMENDED ORDER OF DISMISSAL
This matter arises under section 210(a) of the
Energy Reorganization Act of 1974 (the "Act"), 42
U.S.C. § 5851, and the regulations issued thereunder at 29
C.F.R. Part 24.
On June 19, 1989, Complainant filed a Complaint
with the Wage and Hour Division, Employment Standards
Administration, U.S. Department of Labor. On July 3, 1989, the
Wage and Hour Division issued its determination, which concluded
that Respondent was not subject to section 210(a) of the Act.
Complainant appealed to this Office on July 12, 1989.
On September 18, 1989, Complainant requested a
continuance, stating as cause that his health prevented him from
proceeding with the case. By Order dated September 28, 1989, this
case was continued until such time as Complainant filed a medical
statement attesting to his ability to proceed. Complainant has
not filed the medical statement and was Ordered by this Office on
March 29, 1993, to show cause within twenty days of that Order,
why this matter should not be dismissed for lack of Jurisdiction
or based on abandonment. To date, Complainant has not responded.
After considering Complainant's failure to
participate in this matter, I recommend to the Secretary that
this case be DISMISSED because it has been abandoned. 29 C.F.R.
§§ 18.39(b), 24.5(e)(4)(i)(B). See McCrumb v.
Westinghouse Radiological Services, Inc., 89-ERA-42 (Sec'y
Apr. 3, 1992).