48 
action is received by such person. Review shall conform to chapter 7 
of title 5 of the United States Code. 
“(b) *4/). action icith respect to which review could have been ob- 
tained under subsection (a) shall not be subject to judicial review in 
any other proceeding. 
“ EMPLOYEE PROTECTION 
‘‘‘‘Sec. 1815. (a) Xo employer may discharge any employee or other- 
wise discriminate against any employee with respect to the employee's 
compensation, terms, conditions, or privileges of employment because 
the employee ( or any person acting pursuant to a reguest of the em- 
ployee) has - — 
"{1) commenced, caused to be commenced , or is about to com- 
mence or cause to be commenced a proceeding under this Act , 
" (2) testified or is about to testify in any such proceeding , or 
li (3) assisted or participated or is about to assist or participate 
in an y man tier in such a proceeding or in any other action to carry 
out the purposes of this Act. 
li (b) (1) Any employee who believes that he has been discharged or 
otherwise discriminated against by any person in violation of subsec- 
tion (a) of this section may. within sixty days after such alleged vio- 
lation occurs, file (or have any person file on the employee's behalf) a 
complaint with the Secretary of Labor (hereinafter in this section 
referred to as the ‘‘Secretary') alleging such discharge or discrimina- 
tion. Such sixty-day period shall be tolled during the pendancy of any 
grievance procedures or other efforts at conference , conciliation , or 
mediation. Upon receipt of such a complaint, the Secretary shall notify 
the person named in the complaint, of the filing of the complaint. 
“(J.) ( i ) Upon receipt of a complaint filed under paragraph 
(1). the Secretary shall conduct an investigation of the violation 
alleged in the complaint. Within thirty days of the receipt of 
such complaint, the Secretary shall complete such investigation 
and shall notify the complainant ( and any person acting with 
the authority of the complainant) and the person alleged to have 
committed such violation of the results of the investigation con- 
ducted pursuant to this paragraph. Within ninety dags of the 
receipt of such complaint the Secretary shall, unless the proceed- 
ing on the complaint is terminated by the Secretary on the basis 
of a settlement entered into by the Secretary and the person al- 
leged to have committed such violation, issue an order either pro- 
viding the relief prescribed by subparagraph (B) or denying the 
complaint. An order of the Secretary shall be made on the. record 
after notice and opportunity for agency hearing. The Solicitor 
of Labor shall, with the consent of the complainant, represent 
such complainant at any such hearing. The Secretary may not 
enter into a settlement terminating a proceed in a on a complain 
without the participation and consent of the complainant. 
“ (ii) If in response to a complaint fled under paragraph ( 1 ) 
the Secretary determines that a violation of subsection (a) of 
this section has occurred, the Secretary shall order (i) the per- 
son. who committed such violation to take affirmative action to 
abate the violation, (ii) such person to reinstate the complainant 
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