DOL Home > OALJ > Whistleblower > Garcia v. Pitt-Des Moines, Inc., 95-ERA-31 (Sec'y Oct. 5, 1995) |
DATE: October 5, 1995 CASE NO. 95-ERA-0031 IN THE MATTER OF AUGUSTINE O. GARCIA COMPLAINANT, v. PITT-DES MOINES, INC. 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 August 15, 1995, the Administrative Law Judge (ALJ) issued a Recommended Decision and Order Dismissing Claim With Prejudice, based upon Complainant s failure to appear at a scheduled hearing and his failure to respond to the ALJ's Order to Show Cause why the case should not be dismissed with prejudice. On August 28, 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. Complainant filed no response to the Order to Show Cause. Based on Complainant s failure to respond to the Order 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.