1 The ALJ's Order is not entitled a
"Recommended Order. Under
the regulations implementing the ERA, however, an ALJ's decision
is only a recommended decision except in limited circumstances.
see 29 C.F.R. § 24.5(e)(4) (1989). Final orders are issued by
the Secretary. 29 C.F.R. § 24.6.
2 The record includes a
"Release," signed by Complainant and the
DOL compliance officer on April 10, 1987, in settlement of the
earlier complaint, but the Release does not specify any terms
agreed upon by the parties. Because of factual questions
concerning this prior complaint and its resolution, any issue now
raised by Complainant concerning the enforcement of the alleged
terms of the prior agreement cannot be resolved in this decision.
The relevant allegations concerning the earlier complaint will be
considered, however, as part of the factual situation leading to
the instant complaint.
3 Respondent apparently was
misled concerning Complainant's
education when Respondent employed him previously as a quality
control inspector. See Able deposition at 84-93, Exhibits B, I
and J.
4 I need not decide whether the
guideline is a "requirement" or
"recommendation" since Respondent has demonstrated its adoption
and consistent use of the guideline.