U.S. Department of Labor Administrative Review Board
200 Constitution Ave, NW
Washington, DC 20210
ARB CASE NO. 98-100 ALJ CASE NO. 95-CAA-19 DATE: August 26, 1998
In the Matter of:
BRENDA W. SHELTON,
COMPLAINANT,
v.
OAK RIDGE NATIONAL LABORATORY;
LOCKHEED MARTIN ENERGY SYSTEMS, INC.;
MARTIN MARIETTA CORPORATION;
MARTIN TECHNOLOGIES, INC.; LOCKHEED
MARTIN CORPORATION; UNITED STATES
U.S. DEPARTMENT OF ENERGY;
RESPONDENTS.
BEFORE: THE ADMINISTRATIVE REVIEW BOARD
ORDER
In and order dated June 22, 1998, the Board granted Complainant Shelton's
request for an extension of time in which to file her opening brief and ordered Complainant to file
her brief on or before July 22, 1998. On July 22, 1998, Complainant filed several motions in the
form of a letter to the Executive Director of the Administrative Review Board: a Motion in
Limine for an order declaring that certain recent Supreme Court decisions are applicable to this
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case as well to as to other whistleblower cases; a Motion to Supplement the Record; and a motion
for "stay," i.e., an extension of the briefing schedule.
The Motion in limine is denied. Complainant can cite and discuss any
applicable authority in her brief on the merits. It would not be appropriate to issue the advisory
opinion that Complainant requests divorced from the facts of a specific case.
Complainant also moves to supplement the record with a newspaper article
about retaliation and reprisal against Department of Energy employees. Complainant attached a
typed copy of the article to her motion. The motion is denied. The article is hearsay, and there is
nothing in the article that appears directly relevant to the facts in this case.
Complainant's motion for an extension of time to file her brief is granted. We
emphasize however, that we would look with great disfavor on any attempt by Complainant to
further delay briefing in this case. Therefore, any subsequent requests for extensions by
Complainant will be denied. Complainant shall file her brief on or before September 9,
1998. Respondents may file reply briefs on or before October 9, 1998. Complainant
may file a rebuttal brief on or before October 23, 1998. All the other provisions of the
Order Denying Interlocutory Appeal and Amending Briefing Schedule of June 22, 1998 shall
continue to apply.