Although the court of appeals agreed
with the ALJ and the Board that the ALJ did not have authority to issue subpoenas to require the
[Page 2]
attendance of witnesses as requested by Immanuel, it held that the ALJ erred when he failed to
compel the appearance of witnesses within the control of Wyoming Concrete as authorized by ALJ
procedural regulations at 29 C.F.R. §18.29(a)(3) (1997).
Accordingly, we VACATE our May 28, 1997 Final Decision and
Order of Dismissal in this case and REMAND this matter to the ALJ for a supplementary
hearing involving witnesses within the control of Wyoming Concrete as requested by Immanuel.
The ALJ shall then issue a new recommended decision and order. See 29 C.F.R. Part 24,
63 Fed. Reg. 6,614 (Feb. 9, 1998) (procedures for handling discrimination complaints under federal
employee protection statutes).
SO ORDERED.
KARL J.
SANDSTROM
Member
PAUL
GREENBERG
Member
[ENDNOTES]
1 Immanuel v. U.S.
Dept. of Labor, No. 97-1987 (4th Cir. Mar. 24, 1998).