U.S. Department of Labor
Office of Administrative Law Judges
1111 20th Street, N.W.
Washington, D.C. 20036
Case No. 84-ERA-18
In the Matter of
JOHN HENEAGE,
Complainant
v.
ARIZONA PUBLIC SERVICE
COMPANY
Respondent
For Complainant
Pamela Culwell, Esq.
Warner, Angle, Roper &
Hallam, P.C.
1700 First Interstate Tower
3550 North Central Avenue
Phoenix, Arizona 85012
For Respondent
Gerard morales, Esq.
Rebecca Winterscheidt, Esq.
SNELL & WILMER
3100 Valley Bank Center
Phoenix, Arizona 85073
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Before: GLENN ROBERT LAWRENCE
Administrative Law Judge
RECOMMENDED DECISION AND ORDER
1. On February 6, 1984, Mr. John Heneage filed a complaint
with the U.S. Department of Labor (DOL) against Arizona Public
Service Company alleging that APS violated the Employee Protection
Section of the Energy Reorganization Act. 42 U.S.C. § 5851.
2. Mr. Heneage alleged that he was terminated at Palo Verde
Nuclear Generating Station because of protected activities and
that because of such activities, APS employees and representatives
blackballed him in the nuclear industry, precluding him
from obtaining a job in his chosen field.
3. Pursuant to this complaint, DOL conducted an investigation
into the alleged violations. In a letter authored by Mr.
John Breen of DOL to Mr. John Heneage on March 6, 1984, Mr.
Breen indicated that the Department believed Mr. Heneage's
allegations were unprovable.
4. Mr. Heneage than notified DOL that he wished to appeal
the finding of the administrator and requested a hearing on the
complaint.
5. On July 10, 1984, Respondent filed a Motion for Partial
summary Decision on the issue of the propriety of Mr. Heneage's
departure from Palo Verde Nuclear Generating Station.
6. On August 1, 19984, this Motion was granted, excluding
the request for attorneys fees. The granting of this Motion
effectively removed the propriety of Mr. Heneage's discharge
from his complaint.
7. All that remained in the complaint was the allegation
that APS employees or agents blackballed Mr. Heneage because of
his protected activity and that outside employers refused him
employment because of this alleged blackballing.
8. The matter was heard in a formal hearing on September 18
and 19, 1984 in Phoenix, Arizona.
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9. On September 19, 1984 the parties by their counsel as
well as Mr. Heneage advised on the record that they had fully
settled this dispute.
