DOL Home > OALJ > Whistleblower > McNeice v. Northeast Nuclear Energy Co., 95-ERA-18 (Sec'y July 11, 1995) |
DATE: July 11, 1995 CASE NO. 95-ERA-18 IN THE MATTER OF ADAM McNIECE, COMPLAINANT, v. NORTHEAST NUCLEAR ENERGY, RESPONDENT. BEFORE: THE SECRETARY OF LABOR ORDER OF REMAND Before me for review is a Recommended Order Approving Withdrawal of Complaint issued by the Administrative Law Judge (ALJ) in this case, which arises under the employee protection provisions of the Energy Reorganization Act of 1974 (ERA), as amended, 42 U.S.C. § 5851 (1988). At the outset of the hearing, Complainant represented that he engaged in protected activity and that Respondent retaliated by subjecting him to a pattern of adverse personnel actions, including termination in December, 1994. Respondent objected to the termination being raised as an issue since it did not occur until after the complaint was filed. The ALJ agreed with Respondent and deemed it inappropriate to allow Complainant to amend his complaint at that point. The ALJ advised the Complainant that he could still file a timely complaint regarding his termination and suggested to the Complainant that a complaint based upon termination was likely to have greater economic benefit, if successful. The Complainant, following the suggestion of the ALJ, announced that he wished to withdraw the instant complaint. The ALJ recommended that the withdrawal be with prejudice. I do not agree that the instant
[PAGE 2] complaint should be withdrawn with prejudice and hereby REMAND this case to the ALJ to proceed with a hearing. If Complainant has indeed filed another complaint with regard to his termination, the ALJ may consider consolidating the complaints in the interest of judicial economy. SO ORDERED. ROBERT B. REICH Secretary of Labor Washington, D.C.