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USDOL/OALJ Reporter
SECRETARY OF LABOR
85-ERA-38
Joy Malpass and
v.
General Electric Company,
Stay Pending Appeal On November 29, 1985 complainants moved for a stay pending appeal to postpone the hearing on the merits in these cases before the Administrative Law Judge (ALJ) which was scheduled for December 2, 1985. These cases arise under the Energy Reorganization Act, 42 U.S.C. § 5851 (1982). There is nothing in the statute or in the implementing regulations which provides for the issuance of such an order. The Secretary only acts in cases under the ERA after the issuance of a recommended decision by the ALJ after the termination of the proceeding at which evidence was submitted, that is, the hearing on the merits. 29 C.F.R. § 24.6(a) and (b) (1985). Upon submission of a recommended decision and transmittal of the entire record [Page 2] in these cases to me by the ALJ, all parties will be given an opportunity to file exceptions and briefs on any issue in these cases. Accordingly, the motion for a stay pending appeal is DENIED.
Secretary of Labor
Dated: DEC 20 1985
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