On February 22, 1988, I issued an Order to Show Cause "why I
should not treat the record before me as a request for withdrawal pursuant to Section 1978.111(c)
of 29 C.F.R. and affirm the Secretary's Findings of June 27, 1986, finding that Respondent did
not terminate Complainant in violation of section § 2305 of the STAA." Order to
Show Cause at 2-3.
By letter of March 14, 1988, Complainant responded to this order. It is
clear from Complainant's letter that he did not intend to withdraw his objections to the
Secretary's findings but rather was seeking a continuance of the hearing.
Respondent has not responded to my Order to Show Cause, and the time
for any response has expired.
In view of Complainant's response, I do not adopt the order of
Administrative Law Judge (ALJ) Richard D. Mills dismissing this case "with
prejudice." ALJ's Order of Dismissal, issued January 5, 1987. Accordingly, I remand this
case to the ALJ for further proceedings, including the establishment of a hearing date convenient
to both parties.
Complainant has failed to serve upon Respondent a copy of
Complainant's response of March 14, 1988. For the purpose of effectuating such service, a copy
of Complainant's response is attached.
SO ORDERED.
ANN MCLAUGHLIN
Secretary of Labor
Washington, D.C.
U.S. DEPARTMENT OF LABOR
Secretary of Labor
Washington, D.C. 20210
RE: Hadley vs. SE Cooperative
CASE NO. 86-STA-24
March 14, 1988
S i r :
Reference the above mentioned case, I was under the impression that
since I could not respond to the previous hearing date I would have to withdraw my complaint
until a latter time.
As my counsel has indicated I am in the U.S. ARMY stationed in the
Republic of Panama and due to my heavy commitment in South Central America I was unable to
attend the previous scheduled hearing.
I would like to have noted that I taken leave for the December [illegible],
1987 hearing to find out that the respondent was on a ocean cruise and the case could not be
heard.
I respectfully ask for guidance, and hope to be afforded the opportunity to
purse this matter.
