Administrative Law Judge (ALJ) Rhea M. Burrow submitted
a Recommended Decision to me in this case arising under the
employee protection provision of the Safe Drinking Water Act,
42 U.S.C. § 300j-9(i) (1982). The ALJ recommended that this
complaint be dismissed. The facts are fully set forth in the
ALJ's decision and heed not be repeated here.
The record in this case has been carefully reviewed and I
agree with the ALJ's conclusion that the City of Fairmont did
not discriminate against the complainant when it implemented
a reorganization of the city water department. In January of
1983, the City of Fairmont consolidated the Water Filtration
Department and the Water and Steam Distribution Department
into one Department of Water and Steam Distribution. At that
time the complainant's title changed from Superintendent of
the Water Filtration Department to Operations Supervisor of
the Water Plant, but his duties did not change. The former
Water and Steam Distribution Superintendent became the
Superintendent of the new department, and complainant reported to
him rather than reporting directly to the Public Utilities
Manager as under the previous organization. This reorganization
followed several years of study and at the time it became
effective, complainant received a five per cent salary increase.
These facts do not constitute adverse action or discrimination
against complainant. Nor does the evidence show that the
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selection of Jerome Miller as Superintendent of the new department
was based in any way on an intent to discriminate against
Mr. Prafke.
Accordingly, I adopt the recommendation of the ALJ and
ORDER that the complaint in this case is DISMISSED.
