U.S. DEPARTMENT OF LABOR
OFFICE OF ADMINISTRATIVE LAW JUDGES
Suite 700-1111 20th Street, N.W.
Washington, D.C. 20036
Case No: 84-TSC-1
IN THE MATTER OF
ARTHUR GRAY MAYO,
Complainant
v.
BURROUGHS-WELLCOME COMPANY,
Respondent
ORDER TO SHOW CAUSE
On August 29, 1983; Arthur Gray Mayo ("complainant") filed
a complaint against Burroughs-Wellcome Company ("respondent"), alleging
that he was fired from his job for reporting a health hazard
regarding the manufacture of a drug. The complaint was filed under the
provisions of the Toxic Substances Control Act, 15 U.S.C. Section
2601 et seq. ("the Act"). The complaint was denied by the Assistant
Area Director of the Employment Standards Administration.
Complainant filed a timely request for a bearing, which was then
scheduled for January 4, 1984 in Tarboro, North Carolina.
On December 9, 1983, respondent filed a motion for summary
judgment. Citing Section 2602 (2) (B) (vi) of the Act, respondent
contended that the complaint does not fall within the provisions of
the Act. Section 2602 (2)(B)(vi) excludes drugs manufacturerd,
processed or distributed in commerce from coverage under the Act. It
is respondent's contention that, since both parties agree that the
alleged violation concerned a drug, summary judgment in its favor is
appropriate.
Under Section 18.40 of the Rules of Practice applicable to
hearings before this office, summary judgment is appropriate when
"there is no genuine issue as to any material fact..." Under the
circumstances, respondent's motion seems appropriate. It is hard to
see how this case can fall within the coverage of the Act, since
drugs are specifically excluded. Therefore,
Complainant is ORDERED TO SHOW CAUSE why this case should
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not be dismissed. Complainant shall file a response to this order, with
a copy to the respondent, no later than December 30, 1983.1
1*Due to the need to expedite this
proceeding, the provisions of
section 18.4(c) of the Rules of Practice extending the time to file
documents under certain conditions shall not be applicable in this
case. The response to this order shall be filed no later than
December 30, 1983.