U.S. Department of Labor Office of Administrative Law Judges
John W. McCormack Post Office and Courthouse
Boston, Massachusetts 02109
(617) 223-9355
(617) 223-4254 (FAX)
Case No.: 96-ERA-22
File No.: 96-417-13375
IN THE MATTER OF:
David A. Fields, Robert P. Weiss, and Jack D. Stewart Complainants
v.
Florida Power Corporation Respondent
Preliminary Recommended Decision & Order
Granting Respondent's Motion for Summary Dismissal
Respondent has submitted a Motion for Summary Decision and/or Dismissal
in the above captioned matter. I am also in receipt of Complainants' Response and Respondent's
Reply.
I have thoroughly considered all memoranda of law, the abundance of
supporting documents attached thereto as exhibits, and the oral arguments presented on December
16, 1996. On the basis of the totality of the material submitted in support of and in opposition to the
pending Motion, Respondent's Motion is hereby GRANTED.
[Page 2]
I am persuaded that this claim must be dismissed pursuant to 42 U.S.C
§5851(g). I interpret this section as an affirmative defense which requires Respondent prove
that (1) Complainants deliberately committed an act (2) which caused a violation of the ERA and/or
AEA.
This Preliminary Recommended Decision & Order will be supplemented by
a Recommended Decision & Order which fully explains my rationale for granting Respondent's
Motion. The Recommended Decision & Order will be served upon the parties as soon as possible.
