1 Under the regulations
implementing the Act, the ALJ issues
a recommended decision and order which is forwarded to me
for review and the issuance of a final order. See 29 C.F.R.
§ 24.6 (1986).
2 Although the ALJ at 7 correctly
quoted the Secretary's
decision in Dartey v. Zack Company of Chicago, 82-ERA-2 (April
25, 1983) as to the respective burdens of proof, his statement
at 6 that the burden of proof "shifts to the defendant once
the Plaintiff has carried his burden of persuasion" is inaccurate.
3 I note that the denial of
overtime was not initiated by
Respondent but by the union job steward, Curt Drescher, who
testified that because Complainant had come in late the day
before, he was not entitled to work overtime and "I sent him
home." Transcript of hearing at 266.
I agree with the ALJ's finding at 10 that the evidence
is insufficient to raise an "inference that [Complainant's
inclusion in the reduction of force" was caused by Complainant's
filing of quality concerns.
4 In light of the disposition of
this case it is unnecessary
to consider several issues raised in Respondent's brief filed
in accordance with my "Order Establishing Briefing Schedule"
dated February 3, 1987. Complainant failed to file any briefs
in response to my order.
