U.S. Department of Labor Administrative Review Board
200 Constitution Ave, NW
Washington, DC 20210
ARB CASE NO. 97-141
ALJ CASE NO. 97-SWD-2
DATE: February 2, 1999
In the Matter of:
MILTON TIMMONS,
COMPLAINANT,
V.
FRANKLIN ELECTRIC COOPERATIVE,
RESPONDENT.
BEFORE: THE ADMINISTRATIVE REVIEW BOARD
SUPPLEMENTAL ORDER AWARDING ATTORNEY'S FEES
This case arises under the employee protection provision of the Solid
Waste
Disposal Act (SWDA) (also known as the Resource Conservation and Recovery Act), 42 U.S.C.
§6971 (1994). On December 1, 1998, the Board issued a Final Decision and Order (Order)
finding in favor of Complainant Milton Timmons (Timmons). The Order directed Respondent
Franklin Electric Cooperative (Franklin) to provide various forms of relief, including payment of
attorney fees and costs incurred during the earlier phases of the litigation. Order at 15-16. The
Order
also directed Timmons to submit an itemized petition for attorney's fees and other litigation
expenses incurred on or after August 5, 1997, and provided Franklin a thirty-day period in which
to
respond to the fee petition. Id.
[Page 2]
On December 16, 1998, an Affidavit of Attorney's Fees (Affidavit) from
Kevin C. Gray, Timmons' attorney, claiming an additional fee entitlement of $725 (5.8 hours of
effort at an hourly rate of $125) was received. No reimbursement of expenses is sought.
Franklin
has not objected to the fee petition.1
1 The Affidavit and accompanying
attachments did not reflect service upon Franklin, and on December 21, 1998, the Board issued
an Order
to Show Cause, to which a copy of the Affidavit was appended. Order to Show Cause at 1. The
show
cause order provided a January 10, 1999 deadline for the filing of objections to the petition.
Id.
at 1-2.