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USDOL/OALJ Reporter

Sipes v. Arctic Slope Inspection Services ARB No. 98-004, ALJ No. 1995-TSC-15 (ARB Oct. 10, 1997)


U.S. Department of LaborAdministrative Review Board
200 Constitution Avenue, N.W.
Washington, D.C. 20210
DOL
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ARB CASE NO. 98-004
ALJ CASE NO. 95-TSC-15
DATE: October 10, 1997

In the Matter of

RICHARD SIPES,
    Complainant,

   v.

ARCTIC SLOPE INSPECTION SERVICES,
ALYESKA PIPELINE SERVICE COMPANY,
and
CHRISTIAN ENGINEERING d/b/a VECO
ENGINEERING, INC.,
   Respondents.

BEFORE: THE ADMINISTRATIVE REVIEW BOARD

AMENDED NOTICE OF REVIEW AND ORDER ESTABLISHING BRIEFING SCHEDULE AND ORDER
REQUIRING SUBMISSION OF RECORD APPENDIX

   The Administrative Law Judge's (ALJ) Order issued on May 31, 1996 and Supplemental Recommended Decision and order issued on October 6, 1997 have been transmitted to the Board for review. The following briefing schedule is established in this case. Complainant may file an initial brief, not to exceed forty (40) double-spaced typed pages, on or before November 17, 1997. Respondents may file reply briefs -- not to exceed forty (40) double-spaced typed pages -- on or before December 29, 1997. Complainant may file a rebuttal brief, exclusively responsive to the reply briefs and not to exceed twenty (20) double- spaced typed pages, on or before January 19, 1998.

   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 1/4 inch top and bottom margins, printed on 8 1/2 by 11 inch paper.


[Page 2]

APPENDIX ORDER

   Due to the size of the record in this case, the following schedule for designation of an appendix of the record is hereby established. The Complainant shall prepare, file with the Board (one copy), and serve upon all other parties and intervenors (one copy each), an appendix of the record. The appendix of the record shall contain: (1) relevant docket entries in the proceeding before the Administrative Law Judge; (2) relevant portions of the transcript; and (3) any other parts of the record to which the Complainant wishes to direct the attention of the Board. The Complainant shall file the appendix at the time the initial brief is due, as set out in the Order Establishing Briefing Schedule.

   The parties are encouraged to agree as to the contents of the appendix. In the absence of agreement, the Complainant shall, at the time the initial brief is filed, serve on the Respondents (and all other parties and intervenors) a designation of the parts of the record which the Complainant intends to include in the appendix. If the Respondents deem it necessary to direct the attention of the Board to parts of the record not designated by the Complainant, the Respondents shall, at the time of filing Respondents' reply briefs, serve upon Complainant (and all other parties and intervenors) a designation of those parts.

   The costs of the appendix shall be advanced and assessed as set out in Rule 30(b) of the Federal Rules of Appellate Procedures. The form of the appendix shall appropriately follow Rules 30(d) and (e) of the Federal Rules of Appellate Procedure.

   An original and four copies of all pleadings and briefs (excluding the designated appendix) shall be filed with the Administrative Review Board, United States Department of Labor, 200 Constitution Avenue, N.W., Room S-4309, Washington, DC 20210.

FOR THE ADMINISTRATIVE REVIEW BOARD:

Gerald F. Krizan, Esq.
Executive Director

Telephone: (202) 219-4728
Facsimile: (202) 219-9315



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