This proceeding arises under the employee protection proviSION
of the Energy Reorganization Act of 1974 (ERA), 42 U.S.C.
§ 5851 (1982), 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 August 22, 1986. The
parties had agreed that the sole issue to be decided by the ALJ
was whether the complaint had been timely filed. The ALJ found
that the Complainant had failed to file his complaint with the
Department of Labor under Section 5851 of the ERA within the
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required 30 days after the purported violations occurred, and
that the Complainant had not alleged or proven a factual basis
for equitable tolling of the 30-day period. Accordingly, the
ALJ 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.