DOL Home > OALJ > Whistleblower > Kim v. Hospital of the University of Pennsylvania, 95-ERA-7 (Sec'y Oct. 4, 1995) |
DATE: October 4, 1995 CASE NO. 95-ERA-0007 IN THE MATTER OF SANG JOO KIM COMPLAINANT, v. HOSPITAL OF THE UNIVERSITY OF PENNSYLVANIA 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 provisions of the Energy Reorganization Act, 42 U.S.C. § 4851 and the applicable regulations at 29 C.F.R. Part 24. On May 31, 1995 (during a hearing conducted in another Federal employee protection case), Complainant, who was present, was directed by the Administrative Law Judge (ALJ) to advise the ALJ whether he was going to continue with his action. More than 30 days passed and Complainant did not advise the ALJ of his intent to pursue the captioned claim. On July 13, 1995, the ALJ issued an Order to Show Cause providing Complainant 15 days to explain why the complaint should not be dismissed. Complainant filed no response to the ALJ's Order to Show Cause and on August 22, 1995 the ALJ entered his Recommended Decision and Order Dismissing Claim. On August 30, 1995, I issued an Order to Show Cause directing Complainant to file, within 20 days of that Order, a response stating why the complaint should not be dismissed.
[PAGE 2] Complainant filed no response to the Order to Show Cause. Based on Complainant s failure to respond to the Orders to Show Cause, the ALJ s recommendation is accepted and this case is dismissed. SO ORDERED. ROBERT B. REICH Secretary of Labor Washington, D.C.