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Issue date: 19Jul2001
CASE NO: 2001-ERA-00026
In the Matter of
JEROME REID
Complainant
v.
NIAGARA MOHAWK POWER CORP.
Respondent
RECOMMENDED DECISION AND ORDER DISMISSING CLAIM
Respondent moves to dismiss this claim, filed under 42 U.S.C.5851, for Complainant's failure to timely request a hearing within the five (5) day limitation period as provided under 29 CFR 24.4 (d)(2).
2Annexed to Complainant's June 29, 2001 (ordered) response to Respondent's motion to dismiss. This document which, on its face, notes "(Corrected Copy)" is dated March 15, 2001, but was mailed to Complainant by the U.S. Department of Labor, Occupational Safety and Health Administration, on May 16, 2001- see attachments to Complainant's response.
4See note dated 5/16/01 of Matthew Gilmart transmitting the corrected notice to Complainant, attached to Complainant's response .
5Indeed, Complainant states that he filed his request for hearing "As soon as [he] received the corrected copy of the determination notice- - "(see Complainant's response at page 2.)