BUNCOMBE COUNTY DEPARTMENT
OF ENGINEERING SERVICES,
RESPONDENT.
BEFORE: THE SECRETARY OF LABOR
FINAL DECISION AND ORDER
The Administrative Law Judge (ALJ) in this case arising
under the employee protection provision of the Solid Waste
Disposal Act (SWDA), 42 U.S.C. § 6971 (1982), submitted a
Recommended Decision and Order (R.D. and O.) (copy attached)
finding that Respondent did not discriminate against Complainant
for having previously filed a complaint under SWDA With the
Department of Labor in 1985 or for having been listed as a
witness on behalf of another complainant under SWDA in 1984.
complainant had alleged that Respondent discriminated against him
in December, 1986, when it implemented a new pay grade system for
all county employees, and when it refused to grant him leave
without pay to take a course at a local college and then fired
him when he was absent from work for more than three days while
taking the course.
Complainant, who appears pro se, and Respondent filed briefs
with the Secretary following issuance of the R.D. and O. The
record, including the parties' briefs, has been reviewed and it
fully supports the ALJ's findings of fact which I adopt. Under
Dartey v. Zack Company of Chicago, Case No. 82-ERA-2, Sec. Dec.
April 25, 1983, which sets forth the burdens of proof applicable
in environmental whistleblower cases under 29 C.F.R. Part 24, I
agree with the ALJ's conclusion that Complainant has not proven
that the actions taken against him were motivated by his
protected activity., Accordingly, this case is DISMISSED.