DOL Home > OALJ > Whistleblower > Prafke v. City of Fairmont, Minnesota, 83-SDW-1 (Sec'y Nov. 4, 1985) |
SECRETARY OF LABOR
WASHINGTON, D.C.
83-SDW-1
In the Matter of:
Merlys Prafke,
Complainant
v.
City of Fairmont, Minnesota,
Respondent
Administrative Law Judge (ALJ) Rhea M. Burrow submitted a Recommended Decision to me in this case arising under the employee protection provision of the Safe Drinking Water Act, 42 U.S.C. § 300j-9(i) (1982). The ALJ recommended that this complaint be dismissed. The facts are fully set forth in the ALJ's decision and heed not be repeated here.
The record in this case has been carefully reviewed and I agree with the ALJ's conclusion that the City of Fairmont did not discriminate against the complainant when it implemented a reorganization of the city water department. In January of 1983, the City of Fairmont consolidated the Water Filtration Department and the Water and Steam Distribution Department into one Department of Water and Steam Distribution. At that time the complainant's title changed from Superintendent of the Water Filtration Department to Operations Supervisor of the Water Plant, but his duties did not change. The former Water and Steam Distribution Superintendent became the Superintendent of the new department, and complainant reported to him rather than reporting directly to the Public Utilities anager as under the previous organization. This reorganization followed several years of study and at the time it became effective, complainant received a five per cent salary increase. These facts do not constitute adverse action or discrimination against complainant. Nor does the evidence show that the
selection of Jerome Miller as Superintendent of the new department was based in any way on an intent to discriminate against r. Prafke.
Accordingly, I adopt the recommendation of the ALJ and ORDER that the complaint in this case is DISMISSED.
Secretary of Labor
Dated: November 4, 1985
Washington, D.C.