Case No.: 90-ERA-37

In the Matter of

John J. DelCore
    Complainants,

    against

Northeast Utilities
    Respondent

   Complainant filed a Complaint under the Energy Reorganization Act (ERA) which was investigated by the Area Director of the Employment Standards Administration, Wage and Hour Division, Department of Labor. By letter dated April 13, 1990 the Area Director denied relief and Complainant thereafter timely requested a hearing. Counsel for respondent has filed a Motion to Dismiss. For reasons below, I find that the Complaint should be dismissed.

   The gist of the Complaint of discrimination and/or retaliatory action by respondent under the ERA is that he was subjected to a 3-day deposition concerning a suit he brought against respondent in another forum. I first note that Complainant, at the time of the filing of the Complaint with the Department of Labor, was not an employee of respondent and had not been an employee prior thereto for a long period of

time. Thus, I find that the ERA has no application since it only applies to Complainants who were employees at the time of the alleged retaliatory action. In this regard Section 210 of the ERA applies only in the limited situation where an employer has discriminated against an individual in the "compensation, terms, conditions or privileges" of employment.

   Moreover, it is clear from this record that Complainant's cause of concern relating to his current Complaint concerns a law suit in another forum over which I have no jurisdiction, and in which he was represented by counsel who could have (and maybe did) complain about the deposition. It is interesting to note that such counsel has not filed an appearance in this case. In any event I am of the view that the grounds upon which Complainant relies for his ERA Complaint herein have no basis for relief under the ERA. Accordingly, it is recommended that the Complaint be DISMISSED.

       CHESTER SHATZ
       Boston District Chief Judge

Dated: JUN 11 1990
Boston, Massachusetts CS:dr