ARB CASE NO. 99-071
ALJ CASE NO. 99-ERA-11
DATE: MAR 1, 2001
In the Matter of
JOAN PASTOR,
COMPLAINANT,
v.
VETERANS AFFAIRS
MEDICAL CENTER,
RESPONDENT.
BEFORE: THE ADMINISTRATIVE REVIEW BOARD
ORDER DIRECTING ADDITIONAL BRIEFING
This case arose when the Complainant Joan Pastor filed a complaint alleging that her employer, Respondent Veterans Affairs Medical Center, United States Department of Veterans Affairs (VAMC), had terminated her employment in violation of the whistleblower protection provision of the Energy Reorganization Act, as amended, 42 U.S.C. §5851 (1994) (ERA). Upon conclusion of an investigation by the Department of Labor's Occupational Safety and Health Administration, Pastor requested that the case be referred to the Department of Labor's Office of Administrative Law Judges for a hearing.
1 42 U.S.C. §5851(b)(1) provides in pertinent part:
Any employee who believes that he has been discharged or otherwise discriminated against by any person in violation of subsection (a) of this section may, within 180 days after such violation occurs, file . . . a complaint with the Secretary of Labor . . . .
2 "At the Assistant Secretary's discretion, the Assistant Secretary may participate as a party or participate as amicus curiae at any time in the proceedings." 29 C.F.R. §24.7(f)(1).