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Issue Date: 02 October 2003
Case No.: 2003-SOX-00029
In the Matter of
CATHERINE IONATA,
Complainant,
v.
NIELSEN MEDIA RESEARCH, INC., and
VNU, INC.,
Respondents.
ORDER GRANTING COMPLAINANT'S MOTION
TO WITHDRAW CLAIM
This case arises out of a complaint of discrimination filed pursuant to the employee protection provisions of section 806 of the Corporate and Criminal Fraud Accountability Act of 2002, Title VIII of the Sarbanes-Oxley Act of 2002, 18 USC 1514A ("the act"). The act affords protection from employment discrimination to employees of companies with a class of securities registered under section 12 of the Securities Exchange Act of 1934, 15 USC 781, and companies required to file reports under section 15(d) of the Securities Exchange Act of 1934. Specifically, the law protects "whistleblower" employees from retaliatory or discriminatory actions by the employer because the employees provided information to their employer, a federal agency, or Congress relating to alleged violations of 18 USC 1341, 1343, 1344, 1348, or any provision of federal law relating to fraud against shareholders.
On May 30, 2003, Catherine Ionata ("Complainant") filed a complaint under the act against Nielsen Media Research, Inc. and VNU, Inc. ("Respondents"). In an August 11, 2003, decision, the Regional Administrator for Region IV of the Occupational Safety and Health Administration (OSHA), U.S. Department of Labor, denied the complaint based upon OSHA'S lack of jurisdiction to investigate the whistleblower allegations. Specifically, the Regional Administer found "[P]ursuant to 18 U.S.C. Section 1514A of the Sarbanes-Oxley Act, that Respondents are not companies with a class of securities registered under Section 12 of the Securities Exchange Act of 1934 (15 U.S.C. 780(d))." Complainant appealed the Regional Administrator's decision in an August 25, 2003, letter and requested a formal hearing before the Office of Administrative Law Judges. The case was assigned to me, and, on September 11, 2003, I scheduled a hearing for October 8-9, 2003.
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On September 29, 2003 Complainant faxed a motion seeking to withdraw her objections to the Regional Administrator's decision. Complainant agrees that the case law supports the regional Administrator's determination that OSHA lacked jurisdiction to investigate the whistleblower allegations. Complainant wishes to pursue alternative avenues of redress. My review of the case reveals that a final order has not been issued, and a formal hearing has not taken place. Respondents' counsel has no objection to the motion to withdraw the objections to the Regional Administrator's decision. Therefore, I will grant Complainant's motion to withdraw her objections.
ORDER
It is hereby ORDERED that Complainant's motion to withdraw her objections to the Regional Administrator's decision, issued August 11, 2003, is GRANTED. The formal hearing of this case scheduled for October 8-9, 2003, is hereby CANCELLED.
DANIEL A. SARNO, JR.
Administrative Law Judge
DAS
NOTICE OF APPEAL RIGHTS: This decision shall become the final order of the Secretary of Labor pursuant to 29 C.F.R. § 1980.110, unless a petition for review is timely filed with the Administrative Review Board ("Board"), US Department of Labor, Room S-4309, 200 Constitution Avenue, NW, Washington DC 20210, and within 30 days of the filing of the petition, the ARB issues an order notifying the parties that the case has been accepted for review. The petition for review must specifically identify the findings, conclusions or orders to which exception is taken. Any exception not specifically urged ordinarily shall be deemed to have been waived by the parties. To be effective, a petition must be filed within ten business days of the date of the decision of the administrative law judge. The date of the postmark, facsimile transmittal, or e-mail communication will be considered to be the date of filing; if the petition is filed in person, by hand-delivery or other means, the petition is considered filed upon receipt. The petition must be served on all parties and on the Chief Administrative Law Judge at the time it is filed with the Board. Copies of the petition for review and all briefs must be served on the Assistant Secretary, Occupational Safety and Health Administration, and on the Associate Solicitor, Division of Fair Labor Standards, U.S. Department of Labor, Washington, DC 20210. See 29 C.F.R. §§ 1980.109(c) and 1980.110(a) and (b), as found OSHA, Procedures for the Handling of Discrimination Complaints Under Section 806 of the Corporate and Criminal Fraud Accountability Act of 2002, Title VIII of the
