DOL Home > OALJ > Whistleblower > Johnson v. Bechtel Construction Co., 95-ERA-11 (ALJ Apr. 18, 1995) |
DATE: April 18, 1995 CASE NO: 95-ERA-0011 David G. Johnson, Complainant, v. Bechtel Construction Co. Respondent Appearances: David G. Johnson, pro se For Complainant Steven G. Rudolf, Esq. For Respondent Before: RALPH A. ROMANO Administrative Law Judge RECOMMENDED FINAL DECISION AND ORDER By Interim Decision and Order entered herein on March 29, 1995[1] , I found that Respondent failed to re-hire Complainant for the 1994-1995 outage for reasons proscribed by the Act. The parties have submitted proposed factfindings relative to the amount of back wages to be awarded as a result thereof. First, the record supports a finding that Complainant would have been re-hired as a "laborer." Admittedly, this is the job classification for which Complainant has previously been hired (see, for example, EX 5).
[PAGE 2] The record also indicates that Respondent re-hired for the 1994-1995 outage, five (5) laborers[2] for varying periods ranging from December 7, 1994 through March 31, 1995 (see Affidavit McKenzie, Apr. 12, 1995). Moreover, the total average regular hours worked by these five laborers was 506.70, and the total average overtime hours 23.30 (id. at EX 7). I find that Complainant is entitled to be credited for these total average hours. These laborers were paid at a regular rate of $20.15 per hour, overtime rate of $30.23[3] per hour, and $4.27 per hour for pension and health and welfare benefits (id.; see also Apr. 1, 1994 union confirmation annexed to Complainant's proposed findings). Accordingly, I find that Complainant would have earned the sum of $13,177.47 had he been re-hired for the 1994-1995 outage ($10,210.01 regular wage plus $704.36 overtime wage plus $2,263.10 fringe benefits). RECOMMENDED ORDER Based upon the foregoing, I recommend that Respondent be ORDERED to pay Complainant the sum of $13,177.47 for back wages. RALPH A. ROMANO Administrative Law Judge Camden, NJ NOTICE: This Recommended Decision and Order and the administrative file in this matter will be forwarded for review by the Secretary of Labor to the Office of Administrative Appeals, U. S. Department of Labor, Room S-4309, Frances Perkins Building, 200 Constitution Ave., NW, Washington, DC 20210. The Office of Administrative Appeals has the responsibility to advise and assist the Secretary in the preparation and issuance of final decisions in employee protection cases adjudicated under the regulations at 29 C.F.R. Parts 24 and 1978. See 55 Fed. Reg. 13250 (1990).
[PAGE 3] [ENDNOTES] [1] Fully incorporated herein by reference. [2] Assigned to Complainant's previous job as a day shift ALARA crew member in the decon pad. [3] One and one-half the regular rate.