DOL Home > OALJ > Whistleblower > Ekland v. National Institutes of Health, 95-ERA-3 (Sec'y Aug. 17, 1995) |
DATE: August 17, 1995 CASE NO. 95-ERA-3 IN THE MATTER OF SHARYN EKLUND, COMPLAINANT, v. NATIONAL INSTITUTES OF HEALTH, RESPONDENT. BEFORE: THE SECRETARY OF LABOR ORDER OF DISMISSAL Before me for review is a Recommended Order of Dismissal in this case which arises under the employee protection provision of the Energy Reorganization Act of 1974 (ERA), as amended, 42 U.S.C. § 5851. On March 9, 1995, the ALJ issued an Order to Show Cause why the case should not be dismissed for Complainant's failure to prosecute and further ordering Complainant to provide a list of acceptable hearing dates. Complainant responded to the ALJ's Order to Show Cause, but the ALJ concluded that Complainant did not show good cause for her failure to prosecute the case. The Complainant also did not provide a list of alternative hearing dates. On May 22, 1995, the ALJ issued a Recommended Order dismissing the complaint with prejudice. On July 6, 1995, an Order to Show Cause was issued, directing Complainant to file, within 20 days of that Order, a response explaining her failure to prosecute and to provide acceptable hearing dates, and stating why the complaint should not be dismissed because of these failures. Complainant filed no response to the Order to Show Cause.
[PAGE 2] Based on Complainant's failure to prosecute and provide alternative hearing dates, and her failure to comply with both Orders to Show Cause, the ALJ's recommendation is accepted and this case is dismissed with prejudice. SO ORDERED. ROBERT B. REICH Secretary of Labor Washington, D.C.