DATE: August 22, 1994
CASE NOS. 94-WPC-1
94-WPC-2
94-WPC-3
IN THE MATTER OF
EDWARD P. MARTHIN,
COMPLAINANT,
v.
TAD TECHNICAL SERVICES CORPORATION,
RESPONDENT.
BEFORE: THE SECRETARY OF LABOR
ORDER DENYING INTERLOCUTORY APPEAL
Respondent in the above-captioned cases has filed an appeal
before me seeking review of the Administrative Law Judge's Order
Setting Post Remand Procedures, which was issued on July 6, 1994.
Respondent requests an expedited ruling because the ALJ hearing
in this matter is scheduled for October 3, 1994. Complainant
filed a response to Respondent's appeal, urging that the ALJ's
Order of July 6, 1994 should be affirmed.
On August 9, 1994, the Administrative Law Judge (ALJ) issued
an Order Advising the Parties that Pretrial Order No. 2 is Still
in Effect, finding that Respondent's interlocutory appeal to the
Secretary does not stay the scheduled trial date of October 3,
1994. As the ALJ correctly stated in his Order of August 9,
interlocutory appeals are strongly disfavored, for the reasons
discussed in Porter v. Brown & Root, Inc., Case No.
91-ERA-4, Sec. Ord. to Show Cause, Sept. 29, 1993, and the cases
cited therein (copy attached).
Accordingly, Respondent's request for interlocutory appeal
in these cases pending a hearing before the ALJ is denied.
[PAGE 2]
SO ORDERED.
ROBERT B. REICH
Secretary of Labor
Washington, D.C.