U.S. Department of Labor Office of Administrative Law Judges
800 K Street, N.W.
Washington, D.C. 20001-8002
Date: DEC 14, 1994
Case No.: 93-ERA-25
In the Matter of
EDWARD P. HOLUB,
Complainant
v.
H. NASH BABCOCK, BABCOCK & KING, INC.,
FIVE STAR PRODUCTS, INC., U.S. GROUT CORP.,
U.S. WATERPROOFING DIV., U.S. HIGHWAY PRODUCTS, INC.,
THE NOMIX CORP., THE NASH BABCOCK ENGINEERING COMPANY,
CONSTRUCTION PRODUCTS RESEARCH, INC., INTERNATIONAL PRODUCTS
RESEARCH INC., FIVE STAR CONSTRUCTION PRODUCTS CANADA, INC.,
THE BABCOCK CORPORATION,
Respondents
BEFORE: JOHN M. VITTONE
Deputy Chief Judge
ORDER TO SHOW CAUSE
On December 12, 1994, Chief Judge Nahum Litt received an appeal
pursuant to 29 C.F.R. § 18.36(b), filed by Eugene R. Fidell, Esquire, regarding District
Chief Judge Joan Huddy Rosenzweig's Order of Disqualification of Mr. Fidell in this matter.
Judge Litt has recused himself from consideration of this appeal.
The regulation at 29 C.F.R. § 18.36(b) does not specify a procedure
in the event the Chief Judge is unable to consider an appeal. In this instance, the Chief Judge is
not able to designate an official to consider the appeal without the appearance of impropriety.
Referral to the office of the Secretary is not a remedy because it is that office that is prosecuting
the matter for which Chief Judge Litt has retained Mr. Fidell to represent him. Accordingly,
IT IS ORDERED that the parties show cause why this matter should not be
referred to the Office of Administrative Law Judges of the office of Personnel Management
(OPM), with the request that OPM select the Chief Administrative Law Judge of another agency
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to consider Mr. Fidell's appeal on an expedited basis. Responses to this Order must be received
at this office (the Department of Labor, Washington, D.C. office) no later than close of business
on Friday, December 16, 1994, to be timely. Responses may be filed by facsimile at 202 633-0325.