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Wood v. Yeargin Construction Co., 79-ERA-3 (Sec'y Nov. 8, 1979)


UNITED STATES OF AMERICA
DEPARTMENT OF LABOR
CASE NO. 79-ERA-3

In the Matter of

WILLIAM R. WOOD and
YEARGIN CONSTRUCTION COMPANY

MEMORANDUM DECISION OF THE SECRETARY

    William R. Wood filed a complaint alleging that he was discriminatorily discharged from his employment by Yeargin Construction Company because of activities to carry out the purposes of the Energy Reorganization Act of 1974, as amended, in violation of Section 210 of that Act (92 Stat. 2951; 42 U.S.C. 5851).

    After a hearing before an Administrative Law Judge, the Judge issued a recommended decision in which he found that Wood had not shown any discrimination against him by his employer within the meaning of the Act and that no violation of section 210 of the Act was committed. The Judge therefore recommended that the complaint be dismissed.

    On the basis of the entire record, it is my conclusion that the findings of fact and conclusions of law contained in the Administrative Law judge's recommended decision, dated October 5, 1979, are supported by the evidence in the record, are in accordance with applicable law, and are proper, and I adopt such decision as my own. Accordingly,


[Page 2]

I conclude that Yeargin Construction Company did not violate Section 210 of the Act as alleged, and the complaint is hereby dismissed.

Dated at Washington, D.C.
this 8th day of November, 1979

       RAY MARSHALL
       Secretary or Labor



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