DOL Home > OALJ > Whistleblower > Jackson v. Science Applications International Corp., 95-ERA-24 (Sec'y Jan. 17, 1996) |
DATE: January 17, 1996 CASE NO. 95-ERA-24 IN THE MATTER OF DONALD J. JACKSON, COMPLAINANT, v. SCIENCE APPLICATIONS INTERNATIONAL CORPORATION DIVISION 012, SAVANNAH RIVER, and THE UNITED STATES DEPARTMENT OF ENERGY, RESPONDENTS. BEFORE: THE SECRETARY OF LABOR FINAL DECISION AND ORDER Before me for review is the Recommended Order of Dismissal issued on September 5, 1995, by the Administrative Law Judge (ALJ) in this case arising under section 211 (employee protection provision) of the Energy Reorganization Act, as amended (ERA), 42 U.S.C. Section 5851 (1988 & Supp. V 1993). The ALJ has recommended that the complaint against Respondent U. S. Department of Energy (DOE), an agency of the United States be dismissed because sovereign immunity has not been waived under ERA section 211, and therefore, DOE is not subject to suit. I agree, and have previously so held in Stefan K. Teles v. U. S. Dep't of Energy, 94-ERA-22, Aug. 7, 1995, Sec. Final Dec. and Order.
[PAGE 2] Accordingly, I adopt the ALJ's Recommended Order of Dismissal. The complaint against DOE IS DISMISSED. SO ORDERED. ROBERT B. REICH Secretary of Labor Washington, D.C.