Robichaux v. American Airlines, 2002-AIR-27 (ALJ May 7, 2003)

Date issued: May 7, 2003

CASE NO.: 2002-AIR-27

In the Matter of:

JULIE ROBICHAUX,
    Complainant,

    v.

AMERICAN AIRLINES,
    Respondent.

   A Decision and Order for the above mentioned case was issued on May 2, 2003. It has been brought to the attention of the undersigned that the Decision contained an error on page 7-8, Notice of Appeal Rights. Accordingly, the undersigned's Decision and Order of May 2, 2003 is amended as follows:

Page	Change
7-8	The paragraph following "Notice of Appeal Rights" should read as follows:

NOTICE OF APPEAL RIGHTS: This decision shall become the final order of the Secretary of Labor pursuant to 29 C.F.R. §§ 1979.110 (2003), unless a petition for review is timely filed with the Administrative Review Board ("Board"), US Department of Labor, Room S-4309, 200 Constitution Avenue, NW, Washington DC 20210. Any party desiring to seek review, including judicial review, of a decision of the administrative law judge must file a written petition for review with the Board, which has been delegated the authority to act for the Secretary and issue final decisions under 29 C.F.R. Part 1979. The petition for review must specifically identify the findings, conclusions or orders to which exception is taken. Any exception not specifically urged ordinarily shall be deemed to have been waived by the parties. To be effective, a petition must be filed within ten business days of the date of the decision of the administrative law judge. The petition must be served on all parties and on the Chief Administrative Law Judge. If a timely petition for review is filed, the decision of the administrative law judge shall become the final order of the Secretary unless the Board, within 30 days of the filing of the petition, issues an order notifying the parties that the case have been accepted for review. If a case is accepted for review, the decision of the administrative law judge shall be inoperative unless and until the Board issues an order adopting the decision, except that a preliminary order of reinstatement shall be effective while review is conducted by the Board. The Board will specify the terms under which any briefs are to be filed. Copies of the petition for review and all briefs must be served on the Assistant Secretary, Occupational Safety and Health Administration, and on the Associate Solicitor, Division of Fair Labor Standards, U.S. Department of Labor, Washington, DC 20210. See 29 C.F.R. §§§§ 1979.109(c) and 1979.110(a) and (b) (2003).

SO ORDERED.

       JOHN M. VITTONE
       Chief Administrative Law Judge