PRELIMINARY ORDER AND
On November 27, 1996, the Administrative Law Judge (ALJ)
issued a Recommended Decision and Order (R. D. and O.) in this case arising under the Energy
Reorganization Act of 1974 (ERA), 42 U.S.C. § 5851 (Supp. IV 1992), as amended by the
Comprehensive National Energy Policy Act of 1992 (CNEPA), Pub. L. No. 102-486, 106 Stat.
2776, 3123. The ALJ found in favor of the Complainant and recommended reinstatement, back
pay based on a salary of $400.00 a week from November 3, 1995 until his reinstatement and
prejudgment interest at the rate specified in 29 C.F.R. § 20.58(a). The ALJ further allowed
30 days from the R. D. and O. for Complainant's attorney to submit a fee application and 15 days
beyond that for Respondent to reply with any objections. Since the amended ERA requires that
a preliminary order awarding damages, except compensatory damages , be issued
when complainants prevail before an ALJ, the following preliminary order is hereby entered:
For the period of November 3, 1995 until reinstatement, Respondent
shall pay Complainant back pay in the amount of $400.00 per week plus pre-judgment interest
calculated pursuant to 29 C.F.R. § 20.58(a).
When the ALJ issues a supplemental recommended order on
attorney's fees, a supplemental preliminary order will be issued.
The following briefing schedule is established.
Respondent may file an initial brief, not to exceed 30 double spaced typed pages,
on or before February 12, 1997 . Complainant may file a reply brief,
not to exceed 30 double spaced typed pages, on or before March 14, 1997 .
Respondent may file a rebuttal brief, exclusively responsive to the reply brief, on
or before March 29, 1997 .
All pleadings are expected to conform to the page limitations and
should be prepared in Courier 12 point, 10 character-per-inch type or larger, with minimum one
inch left and right margins and minimum 1 inch top and bottom margins, printed on 8 by 11
inch paper.
An original and four copies of all pleadings and briefs shall be filed
with the Administrative Review Board, U.S. Department of Labor, 200 Constitution Avenue,
N.W., Room S-4309, Washington, D.C., 20210.
SO ORDERED.
DAVID A.
O'BRIEN
KARL J. SANDSTROM
JOYCE D. MILLER
[ENDNOTES]
1
