DATE: July 23, 1998

CASE NO.: 98-ERA-40

In the Matter of

HARRY L. WILLIAMS
    Complainant

    v.

LOCKHEED MARTIN ENERGY SYSTEMS, INC.
    Respondent

   The above-captioned matter has been assigned to me for hearing and decision. Send all correspondence to:

Honorable Rudolf L. Jansen
U.S. Department of Labor
Office of Administrative Law Judges
525 Vine Street, Suite 900
Cincinnati, Ohio 45202

   The parties are directed to advise me no later than August 7, 1998 as to:

1. A suggested hearing location;

2. The extent to which discovery will be necessary in this case;

3. An approximate date for hearing; and

4. Whether the time constraints associated with the handling of this case are waived due to the need for discovery and trial preparation time.

   The Rules of Practice and Procedure for Administrative Hearings before this office are applicable to this case. See 19 C.F.R. Part 18. They are to be followed explicitly. No telephone or facsimile transmission requests will be acted upon. None are to be made. All motion requests are to be in writing and filed within the time frames authorized by the procedural rules. See 29 C.F.R. § 18.6.

   Counsel are also put upon notice that it is well established that an agency has no authority to issue subpoenas absent an explicit statutory directive. Equal Employment Opportunity Commission v. Children's Hospital Medical Center of Northern California, 719 F.2d 1426, 1428-29 (9th Cir. 1983); U.S. ex rel Richards v. DeLeon Guerrero, 4 F.3d 749, 753 (9th Cir. 1993). The Secretary of Labor has held that an Administrative Law Judge has no power under the Energy Reorganization Act and other whistleblower statutes to issue subpoenas or to punish for contempt for failure to comply with a subpoena. Malpass and Lewis v. General Electric Co., Case Nos. 85-ERA-38 and 39, (Sec. Dec. March 1, 1994). The investigator's determination letter mentions a variety of whistleblower statutes for which violations were alleged. It is unclear as to which of these statutes are applicable. Therefore, no subpoenas are to be issued in this matter. If it is determined that statutory subpoena authority exists, then all requests for authorization for subpoenas will be made to me directly. Any subpoena issued without my prior authorization will be quashed.

      Rudolf L. Jansen
      Administrative Law Judge