ARB CASE NO. 00-076
ALJ CASE NOS. 99-CAA-25
00-CAA-9
DATE: November 2, 2000
In the Matter of:
DAVID W. PICKETT,
COMPLAINANT,
v.
TENNESSEE VALLEY AUTHORITY (TVA),
OFFICE OF INSPECTOR GENERAL (OIG),
GEORGE PROSSER & DONALD DRUMM,
RESPONDENTS.
BEFORE: THE ADMINISTRATIVE REVIEW BOARD
Appearances:
For the Complainant: Edward A. Slavin, Jr., Esq.,
St. Augustine, Florida
For the Respondent: Edward S. Christenbury, Esq., Thomas F. Fine, Esq., Brent R.
Marquand, Esq., Dillis D. Freeman, Jr., Esq.,
Tennessee Valley Authority, Knoxville,
Tennessee
ORDER
Respondent Tennessee Valley Authority (TVA) has moved the Administrative
Review Board to enter an order striking complainant David W. Pickett's opening brief on the following
grounds:
1. Complainant's brief was not filed by
September 29, 2000, as required by the September 25, 2000, order of the
Administrative Review Board (ARB). The brief received by TVA was
postmarked October 2, 2000.
2. Complainant's brief does not include a
certificate of service.
3. Complainant's brief does not comply with
the ARB's August 22, 2000, order in that the top margin is less than 1 1/4
inch and the type is smaller than required. . . .
4. Complainant's brief contains scandalous,
disparaging, and impertinent remarks about the Administrative Law Judge
(ALJ) which should be stricken. . . .
Respondent's Motion to Strike at 1-2. Pickett responded to the Motion to Strike alleging: 1) that his
counsel mailed the brief late on September 29th, but apparently the Postal Service did not receive it until
[Page 2]
October 2nd; 2) that the 1/4 variance from the required format is insignificant and that TVA's allegation that
the type is smaller than required is incorrect; and 3) that "Americans have a right to criticize
government officials and adjudicators," Complainant's Response to TVA Motion to Strike, Motion
to Deny TVA Any Brief Extension and Motion For Oral Argument on October 17th at 2 n.1. Pickett also
requested oral argument on TVA's Motion to Strike and on the substantive issues Pickett has raised in his
brief.
We will accept Pickett's brief as timely filed based on his counsel's representation that
he placed it in the mail on September 29th.
1 This regulation provides, "Copies
of the petition for review and all briefs shall be served on the Assistant Secretary, Occupational Safety and
Health Administration, and on the Associate Solicitor of Fair Labor Standards . . . ." 29 C.F.R. §
24.8.