U.S. Department of Labor Office of Administrative Law Judges
1111 20th Street, N.W.
Washington, D.C. 20036
Date: 1-9-90
Case No.: 90-ERA-0013
IN THE MATTER OF
WALTER T. RUGGLES,
COMPLAINANT,
v.
LUMBERMENS MUTUAL CASUALTY COMPANY,
and
IOWA ELECTRIC POWER AND LIGHT COMPANY,
Respondents.
Appearances:
Daniel Denbeste, Esq.
For the Claimant
Allison C. Blakley, Esq.
For Lumbermens Mutual Casualty Company
Julie A. Cohen, Esq.
For Iowa Electric Power and Light Company
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RECOMMENDED DECISION AND ORDER
Walter E. Ruggles, an inspector employed by Lumbermens
Mutual Casualty Company, hereafter called Lumbermens, as an
inspector at the Iowa Electric nuclear power plant near Palo, Iowa,
filed a complaint on November 14, 1989 alleging violation of
Section 210 of the Energy Reorganization Act, hereafter referred to
as the ERA and found at 42 U.S.C. Sec. 5851.
His complaint alleged that on or about October 17, 1989,
as a result of pressure brought to bear on Lumbermens by Iowa
Electric, he was told that he must accept another assignment at
another plant, and, further, he might lose his job.
On December 14, 1989, Donald R. Chelborad, District
Director of the Wage and Hour Division of the Employment Standards
Administration of the U. S. Department of Labor in Des Moines,
Iowa wrote to Walter E. Ruggles advising him that it was his
conclusion that the complaint had not been filed in a timely man
ner since Lumbermens had written to him on September 14, 1989
confirming an oral discussion of that date relating to transfer
opportunities and/or subsequent separation. Mr. Chelborad
informed Walter Ruggles that since his complaint had not been filed
within 30 days after the September 14, 1989 letter it was not
filed in a timely manner under the Act.
A hearing in this matter was held in Cedar Rapids Iowa on
December 28, 1989 at which the Complainant was present and all
parties were represented by counsel. The subject matter of the
hearing was confined to the timeliness of the complaint.
At the hearing, Walter E. Ruggles testified that he
received the memorandum from J. G. Brent dated September 14, 1989 a
few days after the date of the memorandum, and the memorandum was
admitted into evidence. In the memorandum, Walter E. Ruggles is
informed that he will not be permitted to occupy his present
position at Palo with Iowa Electric after January 12, 1990. Also
in the memorandum, Walter E. Ruggles was offered a position as an
inspector at the Clinton Power Station in Clinton, Illinois. He
was told that if he did not accept that position, an attempt
would be made to find another position with Lumbermens to which
he could be transferred, but no assurances were made that such a
position could be found.
Walter Ruggles' position is that the September 14, 1989
memorandum left open the question of his losing his employment
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with Lumbermens, and that he was justified from the content of
the memorandum from concluding that his employment was not in
jeopardy. It is my judgment that Walter Ruggles is mistaken in
that conclusion. The memorandum unequivocally states that he
will not be employed in his present position after January 12,
1990, and that unless he either accepts the Clinton job
assignment or another job assignment can be found for him, his
employment with Lumbermens will terminate as of that date.
Walter E. Ruggles testified that although the September
14, 1989 memorandum did not completely cover all matters
discussed on that date with Mr. J. G. Brent, the author of the
memorandum, that it was an accurate reflection of the matters covered
in the memorandum. Lumbermens made no change in its position
between September 14, 1989 and October 17, 1989. The matters
communicated to him on October 17, 1989 are, in fact, a
restatement of the same position taken by Lumbermens on September
14, 1989.
There is no reason to question Walter Ruggles' testimony
that he did not feel that his employment was threatened until
October 17, 1989. However, his feelings are not what start the
30 day statute of limitations running, it is the statements made
to him by Lumbermens.
RECOMMENDED ORDER
It is recommended that the complaint of Walter E. Ruggles
under the Energy Reorganization Act filed on November 14, 1989 be
dismissed because it was not timely filed.
Charles P. Rippey
Administrative Law
Judge
Phone Number 202-653-5120