DOL Home > OALJ > Whistleblower > Howard v. Tennessee Valley Authority, 93-ERA-20 (Sec'y June 30, 1993) |
DATE: June 30, 1993 CASE NO. 93-ERA-20 IN THE MATTER OF G. RICHARD HOWARD, COMPLAINANT, v. TENNESSEE VALLEY AUTHORITY, RESPONDENT. BEFORE: THE SECRETARY OF LABOR FINAL DECISION AND ORDER Before me for review is the Recommended Order of Dismissal (R.O.) of the Administrative Law Judge (ALJ) in this case arising under the Energy Reorganization Act of 1982, as amended, 42 U.S.C. § 5851 (1988). The ALJ recommended dismissal of this case with prejudice. On January 25, 1993, the ALJ issued an Order to Show Cause why this case should not be dismissed on the ground that there is no right of appeal to the Office of Administrative Law Judges of a final order rendered by the Secretary of Labor pursuant to 29 C.F.R. § 24.6. Respondent filed a response to the show cause order stating that dismissal of this purported appeal is appropriate on two grounds: lack of jurisdiction and res judicata. I adopt and append the ALJ's R.O. in this case, as his decision is in accordance with the applicable statute and regulations. Complainant incorrectly sought to appeal a final decision of the Secretary to the Office of Administrative Law Judges. Accordingly, the case is dismissed with prejudice. SO ORDERED. ROBERT B. REICH Secretary of Labor Washington, D.C. OAA:EGONZALEZ:kg:02/20/96 Room S-4309:FPB:219-4728