Date: DEC 14, 1994
Case No.: 93-ERA-25

In the Matter of

EDWARD P. HOLUB,
   Complainant

   v.

H. NASH BABCOCK, BABCOCK & KING, INC.,
FIVE STAR PRODUCTS, INC., U.S. GROUT CORP.,
U.S. WATERPROOFING DIV., U.S. HIGHWAY PRODUCTS, INC.,
THE NOMIX CORP., THE NASH BABCOCK ENGINEERING COMPANY,
CONSTRUCTION PRODUCTS RESEARCH, INC., INTERNATIONAL PRODUCTS
RESEARCH INC., FIVE STAR CONSTRUCTION PRODUCTS CANADA, INC.,
THE BABCOCK CORPORATION,
   Respondents

BEFORE: JOHN M. VITTONE
    Deputy Chief Judge

   On December 12, 1994, Chief Judge Nahum Litt received an appeal pursuant to 29 C.F.R. § 18.36(b), filed by Eugene R. Fidell, Esquire, regarding District Chief Judge Joan Huddy Rosenzweig's Order of Disqualification of Mr. Fidell in this matter. Judge Litt has recused himself from consideration of this appeal.

   The regulation at 29 C.F.R. § 18.36(b) does not specify a procedure in the event the Chief Judge is unable to consider an appeal. In this instance, the Chief Judge is not able to designate an official to consider the appeal without the appearance of impropriety. Referral to the office of the Secretary is not a remedy because it is that office that is prosecuting the matter for which Chief Judge Litt has retained Mr. Fidell to represent him. Accordingly,

   IT IS ORDERED that the parties show cause why this matter should not be referred to the Office of Administrative Law Judges of the office of Personnel Management (OPM), with the request that OPM select the Chief Administrative Law Judge of another agency

to consider Mr. Fidell's appeal on an expedited basis. Responses to this Order must be received at this office (the Department of Labor, Washington, D.C. office) no later than close of business on Friday, December 16, 1994, to be timely. Responses may be filed by facsimile at 202 633-0325.

Entered by       JOHN M. VITTONE
      Deputy Chief Judge

At Washington, D.C.

JMV/trs