DATE: January 24, 1995
CASE NO. 93-STA-0016
IN THE MATTER OF
CAREY EARWOOD,
COMPLAINANT,
v.
DART CONTAINER CORPORATION AND
J & R SCHUGEL TRUCKING,
RESPONDENTS.
BEFORE: THE SECRETARY OF LABOR
ORDER
The Administrative Law Judge (ALJ) issued a Recommended
Decision and Order (R. D. and O.) in this case arising under the
employee protection provision of the Surface Transportation
Assistance Act, 49 U.S.C. app. § 2305 (1988), (STAA or the
Act) on September 12, 1994. Under the applicable regulations,
the parties had 30 days from the date of the R. D. and O. to file
briefs in support of or in opposition to it. 29 C.F.R.
§ 1978.109(c)(2) (1993).
Complainant filed his brief on October 11, 1994. On
October 18, 1994, Respondent Dart Container Corporation (Dart)
requested an extension of time to file its brief in this case,
acknowledging that "it inadvertently did not do so within the
required filing period." Dart Motion for Filing Brief Out of
Time, ¶ 3. Dart represents that it has obtained the consent
of counsel for Complainant to Dart filing a brief out of time.
Dart requests that the time for filing its brief be extended to
November 11, 1994.
The Act provides that the Secretary shall issue a final
order within 120 days of the conclusion of the hearing. 38
U.S.C. § 2305(c)(2)(B). The regulations contemplate that
the
[PAGE 2]
Secretary will have at least 90 days to review the entire record,
including the briefs of the parties, before issuing a final
decision. 29 C.F.R. §§ 1978.109(c)(1) and (2).
Accordingly, Dart's motion is DENIED without prejudice to its
renewal upon obtaining Complainant's consent to an extension of
the 120 day time limit to a date 90 days after the filing of
Dart's brief.
SO ORDERED.
Gresham Smith
Acting Director, Office of
Administrative Appeals [1]
Washington, D.C.
[ENDNOTES]
[1] This order is issued pursuant to Secretary's Order 3-90,
55 Fed. Reg. 13,250 (April 9, 1990) (copy appended).
