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Ross v. Northeast Nuclear Energy Co., 95-ERA-17 (ALJ May 4, 1995)


DATE ISSUED:        May 4, 1995

CASE NO.:           95 ERA 17

IN THE MATTER OF:

Anthony J. Ross,
          Complainant

     v.

Northeast Nuclear Energy
Company,
          Respondent


                        MEMORANDUM

     During normal business hours on April 28, 1995, I issued and
caused to be served an order recommending the dismissal of the
complaint in this matter.  At 11:58 P.M. on April 28, 1995, the
Complainant transmitted to this Office by telefax a document
entitled "Motion to Show Cause," in which he contends that
"because this case presents geniune issues of materials fact, it
needs to be reopened for an evenhanded outcome in this
proceeding."

     The Complainant's motion, having been received subsequent to
the close of business on Friday, April 28, 1995, and, therefore
not effectively received until the next business day, May 1,
1995.  If Complainant intended his motion as an answer to my
Order to Show Cause, it is both too late and unresponsive to the
issue, i.e., why he did not proceed to prosecute his complaint
when he was given the opportunity to do so.

     In any event, this matter is now before the Secretary of
Labor and Complainants motion will be transmitted to the Office
of Administrative Appeals for associatin with the record.


                              JOEL R. WILLIAMS
                              Administrative Law Judge



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