DOL Home > OALJ > Whistleblower > Greenwald v. The City of North Miami Beach, 78-SDW-1 (Sec'y Apr. 3, 1978) |
UNITED STATES OF AMERICA DEPARTMENT OF LABOR CASE NO. 78-SDWA-l GLENN M. GREENWALD vs. THE CITY OF NORTH MIAMI BEACH * * * * * * * * * * * * * * * * * * * MEMORANDUM DECISION OF THE SECRETARY This is a proceeding under the Safe Drinking Water Act (88 Stat. 1660 et seq., 42 U.S.C. §300 f et seq). Glenn M. Greenwald filed a complaint alleging that he was discharged in violation of Section 1450(i) of that Act (42 U.S.C. §300 j- 9(i). A hearing was held before an Administrative Law Judge. Thereafter, the Judge issued a recommended decision, dated March 15, 1978, in which he recommended that the complaint be dismissed on the ground that it was not timely filed. The Act provides that an employee who believes he has been discharged in violation thereof may file a complaint with the Secretary of Labor within 30 days after the violation occurs. Greenwald filed his complaint under the Act approximately four months after his discharge. The Judge held, in reliance on the decision of the Supreme Court in International Union of Electrical, Radio and Machine Workers, AFL-CIO v. Robbin and yers, Inc., 97 S.Ct. 441 (1976), that the 30 day time limitation was not tolled or suspended while Greenwald apealed his discharge to the civil service board of the city of North Miami Beach, since the remedy under the Safe Drinking Water Act provided a legally independent procedure which was equally available to him. In my opinion, the administrative law judge is correct in concluding that Mr. Greenwald's complaint was not timely filed. Insofar as the
[PAGE 2] judge's decision dated March 15, 1978, relates to this question, I adopt it as my own. See Carl W. Rady, Case No. WPCA-3, decision of the Secretary, August 26, 1977. Accordingly the complaint of Glenn Greenwald is dismissed. Dated at Washington., D.C. this 3rd day of April, 1978. RAY MARSHALL Secretary of Labor