Young v. Schlumberger Oil Field Services, ARB No. 00-075, ALJ No. 2000-STA-28 (ARB May 1, 2003)

U.S. Department of Labor

Administrative Review Board 200 Constitution Avenue, N.W. Washington, D.C. 20210

ARB CASE NO. 00-075
ALJ CASE NO. 2000-STA-28
DATE: May 1, 2003

In the Matter of:

NANCY YOUNG,
    COMPLAINANT,

    v.

SCHLUMBERGER OIL FIELD SERVICES,
    RESPONDENT.

BEFORE: THE ADMINISTRATIVE REVIEW BOARD

   A final decision and order in this case were issued on February 28, 2003. By motion filed with the Administrative Review Board on April 2, 2003, Complainant requests further review of the question whether the Administrative Law Judge below assisted her adequately given her pro se status.

   Specifically, Complainant asserts that when she argued in her brief to the Board that the Administrative Law Judge failed to assist her, she was referring to the fact that on the last day of the hearing, the Administrative Law Judge "allowed the [respondent's] legal assistant to handle and removed [sic] my supporting [original] documents that prove my burden." In Complainant's view, this event constituted tampering with the evidence.

   As the Board's February 28 decision reflects, the Board considered Complainant's arguments that the ALJ should have done more to assist her but found that in fact he did assist her to an appropriate degree. Although acquiescence in evidence tampering, if proven, rises to a level beyond mere failure to provide assistance, Complainant raises the issue for the first time, without any explanation for the delay, after we have rendered a final decision. We decline further consideration of this allegation. Hasan v. System Energy Resources, Inc., No. 89-ERA-36 (Sec'y Mar. 10, 1994).

   Accordingly, the Motion is DENIED.

   SO ORDERED.

       OLIVER M. TRANSUE
       Administrative Appeals Judge

       WAYNE C. BEYER
       Administrative Appeals Judge