DOL Home > OALJ > Whistleblower > Ross v. Northeast Nuclear Energy Co., 95-ERA-17 (ALJ May 4, 1995) |
DATE ISSUED: May 4, 1995 CASE NO.: 95 ERA 17 IN THE MATTER OF: Anthony J. Ross, Complainant v. Northeast Nuclear Energy Company, Respondent MEMORANDUM During normal business hours on April 28, 1995, I issued and caused to be served an order recommending the dismissal of the complaint in this matter. At 11:58 P.M. on April 28, 1995, the Complainant transmitted to this Office by telefax a document entitled "Motion to Show Cause," in which he contends that "because this case presents geniune issues of materials fact, it needs to be reopened for an evenhanded outcome in this proceeding." The Complainant's motion, having been received subsequent to the close of business on Friday, April 28, 1995, and, therefore not effectively received until the next business day, May 1, 1995. If Complainant intended his motion as an answer to my Order to Show Cause, it is both too late and unresponsive to the issue, i.e., why he did not proceed to prosecute his complaint when he was given the opportunity to do so. In any event, this matter is now before the Secretary of Labor and Complainants motion will be transmitted to the Office of Administrative Appeals for associatin with the record. JOEL R. WILLIAMS Administrative Law Judge