This is a proceeding under the Energy Reorganization Act
of 1974 (ERA), 42 U.S.C. § 5851 (1982), involving a complaint
of discriminatory action by an employer.
Complainant Ronald Ward alleged that he was not rehired
by Respondent in violation of the employee protection
(whistleblower) provision of the ERA. After an investigation, the
Complainant was advised on January 9, 1985 by the Acting Area
Director, Employment Standards Administration, Wage and Hour
Division, Trenton, New Jersey, that the investigation failed
to verify that discrimination was a factor in the actions giving
rise to his complaint.
In accordance with the applicable regulations, the letter
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notified the Complainant that the determination would become
the final order of the Secretary denying the complaint unless,
within five calendar days of receiving the letter, the Complainant
filed with the Chief Administrative Law Judge, U.S. Department
of Labor, a request by telegram for a hearing on the complaint.
29 C.F.R. § 24.4(d)(2)(i) (1985).
The Complainant signed for and received the letter on
January 11, 1985. The telegram requesting a hearing was sent
on January 17, 1985 and received on January 18, 1985. It was
therefore untimely.
Although the Complainant was notified that his appeal
had been determined to be untimely by the Administrative Law
Judge's order of February 5, 1985, he did not seek any relief
on grounds of mistake, inadvertence, excusable neglect or any
other reason. It is therefore ORDERED that the complaint of
Ronald Ward, pursuant to the Energy Reorganization Act of 1974,
is DISMISSED.
