1 Under the regulations implementing
the ERA, the ALJ issues a
recommended decision and order which is forwarded to me for review and
the issuance of a final order. See 29 C.F.R. § 24.6(a) (1987).
2 The ALJ's order also purports to be
made pursuant to 29 C.F.R.
§ 24.5 (e)(4)(i) which allows an ALJ to dismiss a whistleblower claim
upon failure of the complainant or his representative to attend a
hearing without good cause or upon a complainant's failure to comply
with a lawful order of the ALJ. The record does not reflect the
existence of either situation in this case.
3 Section 5851(b)(2)(A) provides in
pertinent part that "the
Secretary shall, unless the proceeding on the complaint is terminated
by the Secretary on the basis of a settlement entered into by the
Secretary . . . issue an order either providing the relief prescribed
by subparagraph (B) or denying the complaint." (emphasis added).