Case No. 85-ERA-2

Vera M. English,
    Complainant,

    v.

General Electric Company,
    Respondent.

    Review of the record in this case indicates that Complainant did not have an opportunity to complete her testimony or to present several witnesses she had intended to call to testify in her behalf. Although I recognize the authority and responsibility of the ALJ to regulate the conduct of the bearing and to limit duplicative and cumulative evidence, the Complainant is entitled to complete the presentation of her case. In order to insure that a full and complete record is presented to me for decision, I consider it appropriate to remand this case to the Administrative Law Judge for the limited purpose of taking further testimony in accordance with the following instructions.

    Complainant shall be permitted to complete her testimony. Respondent may cross examine Complainant on any additional testimony she gives. In addition, Complainant may present the testimony of other witnesses identified by Complainant's counsel at the hearing, Transcript at 2047, subject to limitation by the

ALJ for cumulative or duplicative testimony. Respondent may cross-examine such witnesses and may present the testimony of witnesses for purposes of rebuttal limited to the testimony presented by Complainant or other witnesses presented by Complainant at the remand hearing.

    At the conclusion of the remand hearing, each party may submit one brief to the ALJ which shall be limited to discussion and analysis of the testimony presented at the remand hearing. In the interest of completing the remand as expeditiously as possible, the ALJ may set strict time limits and page limits for such briefs.

    Within 30 days after submission of briefs, the ALJ shall reconsider the recommended decision of August 1, 1985, and submit a new recommended decision, or a supplemental recommended decision, as he deems appropriate.

    Within 30 days of issuance of the ALJ's decision on remand, each party may submit a brief to me of no more than 25 pages limited to a discussion and analysis of the testimony at the remand hearing.

    These time and length limitations are made necessary by the unfortunate history of this case. The Administrative Law Judge's Recommended Decision and Order in this case was received on August 6, 1985. Since that date, both parties in this case have generated a constant stream of requests for extensions of time, requests for additional extensions, motions for leave to file pleadings out of time, and other pleadings collateral to the exceptions to the ALJ's decision and responses to exceptions. For four months, from August through the beginning of December, these requests were accommodated.

    On November 26, 1985, a second extension of time to November 27, 1985, to file responses to exceptions was granted and the parties were ordered to file "[n]o further pleadings". The time was extended again to December 4, 1985, and the parties were notified that "[a]ny pleadings or briefs received after December 4, 1985, will not be made part of the record."

    Nevertheless, both parties filed their reply briefs out of time together with motions for leave to do so. In addition, on December 9, 1985, Respondent filed a Motion to Strike certain

material submitted by complainant in support of her exceptions and brief and Complainant filed a Reply to Respondent's Motion to Strike on January 6, 1986, as well as a Cross-Motion to Strike. Both parties have continued to file memorandums and letters in the nature of replies and cross-replies, as well as additional motions.

    In the interest of giving each party a full and fair opportunity to present its position on the issues in this case, I will grant the motions for leave to file the reply briefs out of time. I will not extend the same treatment to the various motions, replies, letters, or any other filings which the parties have continued to submit in direct contravention of the orders of November 26 and December 6, 1985. Those motions and pleadings, however denominated, are rejected and will not be made part of the record.

    SO ORDERED.

       DENNIS E. WHITFIELD
       Under Secretary of Labor

Dated: MAY 9 1986
Washington, D.C.