Before me for review is the Recommended Order of Dismissal
(R.O.) of Administrative Law Judge (ALJ) Charles P. Rippey,
issued on May 16, 1990, in the captioned case which arises under
the employee protection provision of the Energy Reorganization
Act of 1974, as amended (ERA), 42 U.S.C. §5851 (1982) In an
Order Establishing Briefing Schedule, dated May 30, 1990, the
parties were given an opportunity to submit briefs in support of
or in opposition to the ALJ's recommended decision. The parties
relied on briefs previously submitted to the ALJ.
Based on a review of the record in this case, I agree with
the ALJ's R.O. granting the Respondent's Motion to Dismiss the
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complaint as untimely filed pursuant to 42 U.S.C. §5851 (b) (1).
The record establishes that Complainant filed a complaint dated
April 18, 1990, alleging unlawful discharge from employment by
Respondent. The ALJ correctly concluded that the complaint was
untimely because the thirty day period for filing this complaint
under the ERA commenced on February 5, 1990, the date that
complainant received notice of his discharge from Respondent.
See English v. General Electric Company, Case No. 85-ERA-2, Dep.
Sec. Final Decision and Order, January 13, 1987, (hereafter
English) slip op. at 4-11, aff'd sub nom. English v. Whitfield,
858 F.2d 957 (4th Cir. 1988); Nunn v. Duke Power Company, Case
No. 84-ERA-27, Dep. Sec. Decision and order of Remand, July 30,
1987, slip op. at 13-17. Additionally, the ALJ's determination
that the 30-day filing period was not tolled by Complainant's
utilization of internal grievance procedures is in accordance
with the case law and the prior decisions of the Secretary on the
issue of timeliness and equitable tolling. See Delaware State
College v. Ricks, 449 U.S. 250, 258-261 (1980); Electrical
Workers v. Robbins & Myers, Inc., 429 U.S. 229, 236-240 (1976);
School District of the City of Allentown v. Marshall, 657 F.2d
16, 19-21 (3d Cir. 1981); English, slip op. at 4-11. Moreover,
there is nothing in the record to support a conclusion that
equitable tolling is warranted.
