DOL Home > OALJ > Whistleblower > McNeice v. Northeast Nuclear Energy Co., 95-ERA-18 (Sec'y Feb. 21, 1996) |
DATE: February 21, 1996 CASE NOS. 95-ERA-18 95-ERA-47 IN THE MATTER OF ADAM MCNIECE COMPLAINANT, v. NORTHEAST NUCLEAR ENERGY CO. AND BARTLETT NUCLEAR, INC., RESPONDENTS. BEFORE: THE SECRETARY OF LABOR PRELIMINARY ORDER AND ORDER OF REMAND On December 12, 1995, Administrative Law Judge (ALJ) Joel R. Williams issued a Recommended Decision and Order (R. D. and O.) in this case arising under the Energy Reorganization Act of 1974 (ERA), 42 U.S.C. § 5851 (Supp. IV 1992), as amended by the Comprehensive National Energy Policy Act of 1992 (CNEPA), Pub. L. No. 102-486, 106 Stat. 2776, 3123. ALJ Williams found in favor of the Complainant but, because of his impending retirement, was unable to make specific recommendations regarding the amount of back pay, benefits and costs, including attorney fees, that the Complainant is preliminarily entitled to under the CNEPA amendments to the ERA. Since the amended ERA requires that a preliminary order awarding damages, except compensatory damages, be issued when complainants prevail before an ALJ, I must remand this matter to the Acting Chief ALJ so that a recommended decision can be entered regarding back pay, benefits and costs,
[PAGE 2] including attorney fees. Only then can a preliminary order be issued regarding these damages. Therefore, this matter is REMANDED for the entry of a supplemental recommended decision as set out above. In the meantime I can and hereby do issue a PRELIMINARY ORDER enforcing that portion of the ALJ s R. D. And O. that can be enforced at this time. Therefore, Respondents are PRELIMINARILY ORDERED to: 1) Correct Complainant s December 9, 1994 Performance Evaluation to reflect a minimum rating of at least 3 in all categories; 2) Respondents shall not deny future employment to Complainant because of his protected activities; and 3) Respondents shall not give a less than satisfactory reference regarding Complainant or relate Complainant s protected activities to any prospective employer of Complainant. SO ORDERED. ROBERT B. REICH Secretary of Labor Washington, D. C.