This proceeding arises under the employee protection
provisions of the Energy Reorganization Act of 1974 (ERA),
42 U.S.C. § 5851 (1982) (the Act) and implementing regulations
at 29 C.F.R. Part 24 (1986), which prohibit an employer from
discriminating against an employee because the employee has
engaged in an activity protected under that section.
This case is before me on the recommended decision of
the Administrative Law Judge (ALJ) issued on July 18, 1986.
The sole dispositive issue to be decided by the ALJ was whether
the complaint bad been timely filed.
The Complainant alleged grounds for discrimination
occurring in November, 1982, between 1980 and July 1984, and
most recently in the form of a settlement agreement with other
employees on October 9, 1985. The complaint was filed on
November 26, 1985.
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Both the Act and the implementing regulations require
that a complaint alleging a violation of Section 5851 be filed
within thirty days after the occurrence of the alleged violation.
42 U.S.C. § 5851(b)(2)(A); 29 C.F.R. § 24.3(b). The ALJ found
that the Complainant had failed to file his complaint with
the Department of Labor under Section 5851 of the Act within
the required thirty (30) days after the purported violation
occurred, and recommended that the complaint be dismissed.
The record in this case has been thoroughly reviewed and
it fully supports the ALJ's finding that the complaint was
not timely filed. I agree with and adopt the ALJ's recommended
decision and order which is appended to this order.
Accordingly, the complaint in this case is DISMISSED.