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McNeice v. Numanco, LLC, 2001-ERA-14 (ALJ Nov. 9, 2001)
U.S. Department of Labor | Office of Administrative Law Judges John W. McCormack Post Office & Courthouse - Room 507 Post Office Square Boston, MA 02109 (617) 223-9355 |
Issue date: 09Nov2001
CASE NO.: 2001-ERA-00014
In the Matter of
ADAM P. McNEICE
Complainant
v.
NUMANCO, LLC
Respondent
and
DOMINION VIRGINIA POWER
Respondent
Before me for ruling are motions to dismiss filed by the Respondent Dominion Virginia Power (Dominion) wherein Dominion seeks dismissal of the complaint on grounds of timeliness and failure to prosecute. In the alternative, Dominion has moved that this matter be remanded to the Occupational Safety & Health Administration (OSHA) in order to resolve questions concerning timeliness, filing, and service in this matter.
Upon review of the parties' representations, I find that a question exists as to whether a timely complaint against Dominion was filed and whether all appropriate parties were properly notified or served. Under these circumstances, and noting particularly that it is undisputed that no investigation was conducted by OSHA regarding either the timeliness or merits of any complaint filed against Dominion, I conclude that a remand to OSHA is warranted to protect the rights of all parties and to more fully develop the record on the timeliness issue. See Garcia v. Ebasco Services, Inc., USDOL/OALJ Reporter, ALJ Case No. 87-ERA-26 (Sec'y July 11, 1989).
IT IS ORDERED that this matter be remanded to the Assistant Secretary for OSHA, Washington, D.C., for investigation on a priority basis pursuant 29 C.F.R. 24.4(b).
DANIEL F. SUTTON
Administrative Law Judge
Boston, Massachusetts
DFS:cmm