DOL Home > OALJ > Whistleblower > Fields v. Florida Power Corp., 96-ERA-22 (ALJ Jan. 10, 1997) |
Case No.: 96-ERA-22
File No.: 96-417-13375
IN THE MATTER OF:
David A. Fields,
Robert P. Weiss, and
Jack D. Stewart
Complainants
v.
Florida Power Corporation
Respondent
Respondent has submitted a Motion for Summary Decision and/or Dismissal in the above captioned matter. I am also in receipt of Complainants' Response and Respondent's Reply.
I have thoroughly considered all memoranda of law, the abundance of supporting documents attached thereto as exhibits, and the oral arguments presented on December 16, 1996. On the basis of the totality of the material submitted in support of and in opposition to the pending Motion, Respondent's Motion is hereby GRANTED.
I am persuaded that this claim must be dismissed pursuant to 42 U.S.C §5851(g). I interpret this section as an affirmative defense which requires Respondent prove that (1) Complainants deliberately committed an act (2) which caused a violation of the ERA and/or AEA.
This Preliminary Recommended Decision & Order will be supplemented by a Recommended Decision & Order which fully explains my rationale for granting Respondent's otion. The Recommended Decision & Order will be served upon the parties as soon as possible.
DAVID W. DI NARDI
Administrative Law Judge
Dated: January 10, 1997
Boston, Massachusetts
DWD:las