ARB CASE NO. 97-078
(ALJ CASE NO. 95-ERA-38)
DATE: June 27, 1997
In the Matter of:
WIEB VAN DER MEER,
COMPLAINANT,
v.
WESTERN KENTUCKY UNIVERSITY,
RESPONDENT.
BEFORE: THE ADMINISTRATIVE REVIEW BOARD
NOTICE OF REVIEW
AND
ORDER ESTABLISHING BRIEFING SCHEDULE
AND
PRELIMINARY ORDER
The Supplemental Recommended Decision and Order (R. D. and O.) issued
on June 12, 1997 by the Administrative Law Judge (ALJ) has been transmitted to the Board for
review. The following briefing schedule is established in this case. Respondent may file an initial
brief, not to exceed 30 double spaced typed pages, on or before July 28, 1997.
Complainant may file a reply brief, not to exceed 30 double spaced typed pages, on or before
August 27, 1997. Respondent may file a rebuttal brief, exclusively responsive to the
reply brief and not to exceed 10 double spaced typed pages, on or before September 11,
1997.
All pleadings are expected to conform to the page limitations and should be
prepared in Courier 12 point, 10 character-per-inch type or larger, with minimum one inch left
and right margins and minimum 1 1/4 inch top and bottom margins, printed on 8 1/2 by 11 inch
paper.
An original and four copies of all pleadings and briefs shall be filed with the
Administrative Review Board, U.S. Department of Labor, 200 Constitution Avenue, N.W., Room
§4309, Washington, D.C., 20210 (Telephone Number, 202-2194728; Facsimile Number,
202-219-9315).
[Page 2]
PRELIMINARY ORDER
As noted, on June 12, 1997, the ALJ issued the R. D. and O. in this case
arising under the Energy Reorganization Act of 1974 (ERA), 42 U.S.C. § 5851 (Supp. IV
1992), as amended by the Comprehensive National Energy Policy Act of 1992 (CNEPA), Pub. L.
No. 102-486, 106 Stat. 2776, 3123. The ALJ found in favor of the Complainant's petition for
attorney's fees and costs and recommended that the Respondent, Western Kentucky University,
pay $16,000.00 directly to Complainant's Counsel.
The following preliminary order is hereby entered:
Respondent shall pay $16,000.00 in attorney's fees and costs to
Complainant's Counsel Zachary M. Kafoglis, Esq.