UNITED STATES
DEPARTMENT OF LABOR

Dated: December 15, 1997
Case No.: 98-ERA-8

In the Matter of:

Ronald Staskelunas
    Complainant

    v.

Northeast Utilities Company
    Respondent

   On December 4, 1997, this Court issued a Recommended Decision and Order that the above-captioned case be dismissed for lack of jurisdiction. By a document filed December 11, 1997, Complainant's counsel has filed an Objection to said Recommended Order and requests reconsideration of this matter.

   Complainant's counsel is generally restating arguments which have already been thoroughly considered and rejected. This time within which to file an appeal is more than just a technical requirement. This within which to file an appeal is jurisdictional, and absent a timely appeal, the determination of the Area Director becomes the Final Order of the Secretary of Labor. 29 C.F.R. § 24.4(d)(2)(i); see also Backen v. Entergy Operations, Inc., 95-ERA-46 (ARB June 7, 1996). The Complainant was advised by the Area Director that an appeal must be filed within five days of receipt of the letter of determination. Complainant failed to do so in this case.

   Accordingly, Complainant's Motion for Reconsideration is hereby DENIED.

      DAVID W. DI NARDI
      Administrative Law Judge

   This Order Denying Motion for Reconsideration will be forwarded for review to the Administrative Review Board, U.S. Department of Labor, Frances Perkins Building, Room S-4309, 200 Constitution Avenue, NW, Washington D.C. 20210. The Administrative Review Board is the authority vested with the responsibility of rendering a final decision in this matter in accordance with 29 C.F.R. Part 24.6.

Boston, Massachusetts
DWD:pte