U.S. Department of Labor      Administrative Review Board
                              200 Constitution Avenue, N.W.
                              Washington, D.C. 20210



In the Matter of :

CLIFFORD SUTHERLAND,                 CASE NO. 95-CAA-1
SCOTT TENBRINK,
FRED E. FRANKLIN AND
AARON HAHN,
     COMPLAINANTS,                   DATE: JUL 9 1996

     v.

SPRAY SYSTEMS ENVIRONMENTAL AND
WILLIAM RAE SMITH,
     RESPONDENTS.

BEFORE:   THE ADMINISTRATIVE REVIEW BOARD[1]

                        ORDER

     This case arises under the employee protection provisions of
the Clean Air Act, 42 U.S. C. § 7622 (1988), and the Toxic
Substances Control Act, 42 U.S.C. § 6971 (1988).  On
February 26, 1996, the Secretary issued a Final Decision and
Order (F. D. and O.) allowing Complainants' counsel (counsel) to
submit a petition for the payment of attorney's fees and costs
for work attendant to this case before the Secretary.  On April
25, 1996, an Interim Order was issued, requiring counsel to
submit a detailed itemization of the hours claimed pursuant to
his petition.  Counsel timely submitted the itemization, to which
Respondents objected.

     The lodestar method is employed in calculating attorney's
fees under the statutes.  This method requires multiplying the
number of hours reasonably expended in pursuing the litigation by
a reasonable hourly rate.  Hensley v. Eckerhart, 461 U.S.
424 (1983).  Counsel's original petition requested an hourly rate
of $130.  Respondents did not object to this rate.

     As required by the Interim Order, counsel's fee itemization
provides the date and time spent for each element of activity
associated with the appeal before the Secretary.  There is no 
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requirement that counsel share his work product with Respondent,
and the elements are self-explanatory.  Respondents' objections
to the itemization are ill-founded.

     A petition for attorney's fees must be based on records,
indicating date, time and duration necessary to accomplish the
specific activity.  Each activity item should be detailed and
clearly identifiable as pertaining to the case.  In like manner,
all claimed costs should be specifically identified, and if
possible, a receipt appended.  With the exception of the actual
time of day that the activity took place, which we hold
inconsequential, counsel provided all necessary information.

     We find counsel's claimed time of 16.3 hours to review
Respondents' appeal brief, review the case record and prepare
Complainants' response, as well reviewing Respondents' reply
brief, reasonable, and reject Respondents' request that the same
be reduced to six hours.  We find Respondents' objection to
counsel's claim of 2.1 hours work subsequent to the filing of
Complainants' response brief disingenuous, since counsel's
activity at that time was necessitated in response to Respondent
Boyles' inappropriate and questionable direct contact with
Complainants Tenbrink and Franklin.  F. D. and O. at 7.
Respondents' objection is rejected.

                           ORDER

     Accordingly, Respondents Spray Systems Environmental and
Willie Rae Smith are ordered to reimburse the Complainants as
follows:

     1)   AB Legal Clinic for costs in the amount of $6.65.

     2)   Attorney's fees for Andrew L. Lichtenberg, 18.4 hours
at $130/hour plus 5.5625% gross receipts tax for Bernalillo
County, New Mexico = $2,525.05.

     SO ORDERED.



                                   DAVID A. O'BRIEN
                                   Chair

                                   KARL J. SANDSSTROM
                                   Member


[PAGE 3]
                                   JOYCE D. MILLER
                                   Alternate Member

[ENDNOTES]

[1]  This matter was filed before the Secretary of Labor pursuant
to the Clean Air Act and the Toxic Substances Control Act.  The
Secretary issued a final decision and an interim order in this
case.  On April 17, 1996, a Secretary's Order was signed
delegating jurisdiction to issue final agency decisions under
this statute to the newly created Administrative Review Board. 61
Fed.  Reg. 19978 (May 3, 1996)(copy attached).  The Board has
reviewed the interim order.

     Secretary's Order 2-96 contains a comprehensive list of the
statutes, executive order and regulations under which the Board
now issues final agency decisions.  A copy of the final
procedural revisions to the regulations (61 Fed.  Reg. 19982),
implementing this reorganization is also attached.