skip navigational linksDOL Seal - Link to DOL Home Page
Images of lawyers, judges, courthouse, gavel
September 20, 2008         DOL Home > OALJ Home > USDOL/OALJ Reporter
USDOL/OALJ Reporter

Overall v. Tennessee Valley Authority, ARB No. 04-073, ALJ No. 1999-ERA-25 (ARB July 16, 2007) (errata)

[Editor's Note: In the USDOL-OALJ Reporter version of the June 29, 2007 decision, the text for the first erratum is located to page 18, second paragraph, sentence 2. The text for the second erratum is located on page 20.]


U.S. Department of LaborAdministrative Review Board
200 Constitution Avenue, N.W.
Washington, D.C. 20210
DOL Seal

ARB CASE NO. 04-073
ALJ CASE NO. 1999-ERA-25
DATE: July 16, 2007

In the Matter of:

CURTIS C. OVERALL,

       COMPLAINANT,

   v.

TENNESSEE VALLEY AUTHORITY,

       RESPONDENT.

BEFORE: THE ADMINISTRATIVE REVIEW BOARD

ERRATA

   The Administrative Review Board (ARB) issued its Final Decision and Order (F. D. &. O.) in this case arising under the Energy Reorganization Act1 on June 29, 2007, dismissing the Complainant’s complaint. However, the F. D. & O. contains an erroneous date of September “4” at page 17, third paragraph, second sentence, and an erroneous sentence at page 19, first full paragraph, third sentence. Accordingly, we issue this Errata to correct the erroneous date at page 17 by correcting it to September “9,” and to correct the erroneous sentence at page 19 by replacing it as follows:

OIG considered setting up a night vision camera near Overall’s home and installing a recording device on his telephone. T. 1480-82, 1563-65; CX 258; R. D. & O. at 46, 90. OIG ultimately decided against installing a camera because it could not be installed surreptitiously; it would have had to have been situated on a neighbor’s property after OIG obtained his or her permission; and its recording tape would require frequent changes, which would be obvious to anyone watching. T. 1565-66. OIG also decided that they did not need to install a recording device on Overall’s telephone because his caller identification


[Page 2]

system was sufficient and he was providing OIG with the recorded information and a description of the call. T. 1566-67, 1704.

   We reissue the F. D. & O. as corrected. In all other respects, the ARB’s June 29, 2007 F. D. & O. remains the same.

   SO ORDERED.

            OLIVER M. TRANSUE
            Administrative Appeals Judge

            M. CYNTHIA DOUGLASS
            Chief Administrative Appeals Judge

[ENDNOTES]

1 42 U.S.C.A. § 5851 (West 2003).



Phone Numbers