Page:United States Statutes at Large Volume 90 Part 2.djvu/1356

 90 STAT. 2824

Ante, p. 2803.

PUBLIC LAW 94-580—OCT. 21, 1976 " (b) LICENSES AND PERMITS.—Each Executive agency which issues any license or permit for disposal of solid waste shall, prior to the issuance of such license or permit, consult with the Secretary to insure compliance with guidelines recommended under section 1008 and the purposes of this Act. "Subtitle G—Miscelhxneous Provisions "EMPLOYEE PROTECTION

42 USC 6971.

Application to Secretary for review.

Hearing. Notice.

Rehiring or reinstatement of employee.

Judicial review.

" SEC. 7001. (a) GENERAL.—No person shall fire, or in any other way discriminate against, or cause to be fired or discriminated against, any employee or any authorized representative of employees by reason of the fact that such employee or representative has filed, instituted, or caused to be filed or instituted any proceeding under this Act or under any applicable implementation plan, or has testified or is about to testify in any proceeding resulting from the administration or enforcement of the provisions of this Act or of any applicable implementation plan. ^'{^) REMEDY.—Any employee or a representative of employees who believes that he has been fired or otherwise discriminated against by .^^^^^ person in violation of subsection (a) of this section may, within thirty days after such alleged violation occurs, apply to the Secretary of Labor for a review of such firing o r alleged discrimination. A copy of the application shall be sent to such person who shall be the respondent. Upon receipt of such application, the Secretary of Labor shall cause such investigation to be made as he deems appropriate. Such investigation shall provide a n opportunity for a public hearing a t the request of any party to such review to enable the parties to present information relating to such alleged violation. The parties shall be given written notice of the time and place of the hearing a t least five days prior to the hearing. Any such hearing shall be of record and shall be subject to section 554 of title 5 of the United States Code. Upon receiving the report of such investigation, the Secretary of Labor shall make findings of fact. I f he finds that such violation d i d occur, he shall issue a decision, incorporating an order therein and his findings, requirjj^g ^jjg party committing such violation to take such affirmative action to abate the violation as the Secretary of Labor deems appropriate, including, b u t not limited to, the rehiring or reinstatement of the employee or representative of employees to his former position with compensation. If he finds that there was no such violation, he shall issue an order denying the application. Such order issued by the Secretary of Labor under this subparagraph shall be subject to judicial review in the same manner as orders and decisions of the Administrator or subject to judicial review under this Act. " (c) COSTS.—Whenever an order is issued under this section to abate such violation, a t the request of the applicant, a sum equal to the aggregate amount of all costs and expenses (including the attorney's fees) as determined by the Secretary of Labor, to have been reasonably incurred by the applicant for, or in connection with, the institution and prosecution of such proceedings, shall be assessed against the person committing such violation. " (d) EXCEPTION.—This section shall have no application to any employee who, acting without direction from his employer (or his agent) deliberately violates any requirement of this Act. "(e)

EMPLOYMENT

S H I F T S AND Loss.—The A d m i n i s t r a to r

shall

conduct continuing evaluations of potential loss or shifts of employ-

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