Cotter v. Consolidated Edison Co. of New York, Inc., 81-ERA-6 (Sec'y Nov. 5, 1981)

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Cotter v. Consolidated Edison Co. of New York, Inc., 81-ERA-6 (Sec'y Nov. 5, 1981)

UNITED STATES OF AMERICA
DEPARTMENT OF LABOR
CASE NO. 81-ERA-6

In the Matter of

MICHAEL COTTER
Complainant

vs.

CONSOLIDATED EDISON COMPANY
OF NEW YORK, INC.
Respondent

DECISION OF THE SECRETARY

Michael Cotter filed a complaint alleging that he was discharged 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).

A hearing was held before an Administrative Law Judge. Thereafter, the Judge issued a recommended decision dated July 7, 1981, containing his recommended findings of facts, conclusions of law, and order. He found that the complainant was discharged by the respondent for acts protected by 42 U.S.C. 5851, in violation of that Section.¹

The respondent filed exceptions to the Judge's decision. The complainant filed a response thereto.

[Page 2]

On the basis of the entire record, it is my conclusion that the recommended findings of fact, conclusions of law, and order contained in the Administrative Law Judge's recommended decision dated July 7, 1981, are supported by the evidence, are in accordance with applicable law, and are proper, and I adopt them as my own.

Accordingly, pursuant to the provisions of 42 U.S.C. 5851 and the regulations implementing them (29 CFR Part 24), it is ordered that the respondent, Consolidated Edison Company of New York, reinstate the complainant, Michael Cotter, to his former position or a substantially equivalent position, if desired, together with the compensation (including back pay less any earnings received from other employment), terms, conditions, and privileges of that employment. The respondent is ordered, further, to pay all costs and expenses, including attorney's fees, reasonably incurred by Michael Cotter in connection with this proceeding, as shall be determined by me upon application therefor together with supporting data.

Dated at Washington, D.C.
this 5th day of November, 1981

RAYMOND J. DONOVAN
Secretary of Labor

[ENDNOTES]

¹ The respondent filed a motion to make certain corrections in the transcript of the hearing. Such motion was received by the Office of Administrative Law Judges, U.S. Department of Labor, on July 8, 1981. The complainant has not filed any objections thereto. It is noted that the correction listed in the motion with respect to page 267 of the transcript should refer to page 268. As so corrected, the motion is granted.