U.S. Department of Labor Office of Administrative Law Judges
John W. McCormack Post Office and Courthouse
Room 409
Boston, Massachusetts 02109
Case No.: 86-ERA-3
In the Matter of:
Anthony D. Laratta,
Complainant
v.
Niagara Mohawk Power Company,
Employer
RECOMMENDED ORDER - DISMISSING
COMPLAINT
This is a Proceeding initiated in accordance with the
terms of a special employee-protection provision of the Energy
Reorganization Act of 1974 (42 U.S.C. ¶ 5851), and the
implementing regulations issued by the Secretary of Labor, 29
C.F.R. ¶ 24 (1980).
By an order entered November 15, 1985, the Complainant was
ordered to show cause why the matter should not be dismissed
for lack of complaint cognizable under the statute.
Complainant was ordered to make his response on or before
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December 6, 1985. Other subsequent responsive pleadings were
specifically provided for. Complainant made no response to the
November 15, 1985 order to show cause, and made no request for
postponement.
By a letter dated December 20, 1985, the Respondent
employer advises as follows:
Mr. Laratta recently informed company
officials that he had decided to withdraw
his complaint in this action. We
resoectfully submit that Mr. Laratta has
done so implicitly by failing to comply
with your November 15, 1985 Order to Show
Cause.
I agree with Respondent that Complainant's failure to comply
with the show cause order warrants dismissal.
Accordingly, it is ORDERED that the complaint in this
proceeding be, and it is hereby, DISMISSED.
ROBERT M. GLENNON
Administrative Law Judge
Dated: MAR 12 1986
Boston, Massachusetts
RMG:jtd
Notice: Pursuant to 29 C.F.R.
Para. 24.6(a) this recommended decision is
being forwarded this date, along with the
records, to the Secretary of Labor for a
final order.