U.S. Department of Labor Administrative Review Board
200 Constitution Avenue, N.W.
Washington, D.C. 20210
ARB CASE NO. 96-144 ALJ CASE NO. 96-ERA-6 DATE: December 3, 1996
In the Matter of:
OWEN MCCAFFERTY, DENNIS MALONEY,
SEAN KILBANE, TERRY McLAUGHLIN,
SEAN McCAFFERTY, and ROBERT PROHASKA,
COMPLAINANTS,
v.
CENTERIOR ENERGY,
RESPONDENTS.
BEFORE: THE ADMINISTRATIVE REVIEW BOARD
SUPPLEMENTAL PRELIMINARY ORDER AND
ORDER ESTABLISHING BRIEFING SCHEDULE
On June 11, 1996, the Administrative Law Judge (ALJ) issued a
Recommended Decision and Order (R. D. and O.) in this case arising under the Energy
Reorganization Act of 1974 (ERA), 42 U.S.C. § 5851 (1988 and Supp. V 1993), 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 all Complainants, and recommended
relief, including reinstatement in accord with his instructions, back pay, removal of the denial of
access flag from personnel records of Complainant, and interest on the back pay awards. R. D.
and O. at 21. The ALJ also ordered Respondent Centerior Energy (Centerior) to pay
Complainants' costs and expenses, including attorney's fees reasonably incurred and permitted
further briefing on the amount of fees and costs to be paid by Centerior. Id. In the
meantime, since the amended ERA requires that a preliminary order awarding damages, except
compensatory damages, be issued when a complainant prevails before an ALJ, on July 15, 1996,
the Administrative Review Board issued a Preliminary Order (P. O.) that covered all aspects of
relief recommended by the ALJ other than attorney's fees and costs. The Board noted that
following the issuance of a recommended decision and order on attorneys fees and costs it would
supplement the P. O. On October 22, 1996, the ALJ issued a Recommended Decision and Order
Granting Attorney Fees. Therefore, pursuant to 42 U.S.C. § 5851(a)(2), Centerior is
preliminarily ordered to pay to Complainant's counsel the sum of $37,930.43 in attorney's fees
and expenses.
On November 7, 1996, Centerior filed a motion for Leave to File
Supplemental Brief on Award of Attorney Fees, and a six page Brief. This brief relates to the
issue of attorney's fees and costs to be awarded, if applicable, pursuant to a final order of the
Board. Complainants have moved to file a response to Centerior's brief. Both motions are
granted, and Complainants are granted fifteen days from receipt of this order within which to file
a response brief, not to exceed 10 double spaced typed pages. 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 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 S-4309, Washington, D.C. 20210.