DOL Home > OALJ > Whistleblower > Garcia v. Pitt-Des Moines, Inc., 95-ERA-31 (ALJ Aug. 15, 1995) |
DATE: August 15, 1995 CASE NO.: 95-ERA-0031 IN THE MATTER OF AUGUSTINE O. GARCIA, Complainant, v. PITT-DES MOINES, INC., Respondent. BEFORE: Paul H. Teitler Administrative Law Judge RECOMMENDED DECISION AND ORDER DISMISSING CLAIM WITH PREJUDICE A hearing on the complaint under the Energy Reorganization Act filed by the Complainant was scheduled to be heard on June 27 and June 28, 1995 in accordance with 29 C.F.R. Part 24. On April 11, 1995, a notice of hearing was mailed to the Complainant, Augustine O. Garcia, notifying him that a hearing would be held on his complaint under the Energy Reorganization Act at 9:30 a.m. on June 27, 1995. Neither the Complainant nor a representative of the Complainant appeared at the hearing. On the record at the hearing, James W. Upton, Esquire, moved for dismissal of r. Garcia's complaint for his failure to show up at the scheduled hearing. On July 13, 1995, an Order to Show Cause was mailed to the Complainant via certified mail, return receipt requested. A signed postal service Return Receipt Requested form indicated that the Order was received by him on July 17, 1995. Accordingly, pursuant to 29 C.F.R. §24.5(4), the Complainant had fifteen (15) days from the date of the order to show cause, by written statement delivered to the undersigned administrative law judge at the Office of Administrative Law Judges, 2600 Mt. Ephraim Avenue, Camden, New Jersey 08104, why his complaint should not be dismissed. To date, no response has been received from the Complainant or a representative of the Complainant. Based on my consideration of the Employer's request for dismissal, and my review of the record in this case, I consequently APPROVE the request to dismiss this claim.
[PAGE 2] RECOMMENDED ORDER IT IS HEREBY RECOMMENDED THAT this matter is DISMISSED with prejudice. ________________________ PAUL H. TEITLER Administrative Law Judge PHT:abr 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).