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USDOL/OALJ Reporter
Office of Administrative Law Judges 1111 20th Street, N.W. Washington, D.C. 20036
Case No.: 88-CAA-5
In the Matter of
v.
CONSOLIDATED EDISON COMPANY
By telegram dated February 4, 1988, the attorney for the Complainant requested a formal hearing appealing the Area Director's determination that the complaint in this matter was filed in an untimely manner. On March 15, 1988, counsel for Consolidated Edison ("Con Ed") moved that this appeal be dismissed without a hearing. The file in this case is devoid of any information upon which either Complainant's request or Con Ed's motion can be considered. Accordingly, a hearing on this matter will initially entertain the threshold question of whether the Complainant filed his complaint within the 30-day period mandated by 29 C.F.R. § 24.3(b). If it is determined at that time that the Complainant was not in compliance with the regulatory time limitation, the case will be dismissed. If, on the other hand, it is determined that there is insufficient evidence to show an untimely filiing, the hearing will go forth on the merits of the case.
AARON SILVERMAN
Date: MAR 25, 1988 Washington, D.C. AS/dew |
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