High v. Lockheed Martin Energy Systems, Inc., 2002-CAA-1 (ALJ June 26, 2002)

U.S. Department of Labor

Office of Administrative Law Judges Seven Parkway Center - Room 290 Pittsburgh, PA 15220 (412) 644-5754 (412) 644-5005 (FAX)

CASE NO.: 2002-CAA-1

In the Matter of:

DAVID MARSHALL HIGH
    Complainant

v.

LOCKHEED MARTIN ENERGY SYSTEMS, INC., et al.
    Respondent

    and

DEPARTMENT OF LABOR,
ADMINISTRATIVE REVIEW BOARD

   On October 9, 2002, Complainant filed a complaint requesting that OSHA investigate the disappearance of the record from his whistleblower claim (1996-CAA-8), which had apparently been lost in the mail while being mailed from the Administrative Review Board (ARB) to the Administrative Law Judge assigned to that whistleblower claim. On May 13, 2002, the undersigned issued an Order to Show Cause ordering the parties to show cause within twenty days of the date of the order why the claim should not be dismissed for lack of jurisdiction. On June 6, 2002, after the twenty-day deadline, Complainant's attorney submitted a Motions to: (1) Vacate Show Cause Order; (2) Vacate Orders Vacating Orders for OSHA to investigate; (3) Reconsider Order Denying Consolidation; and (4) Hold a Pre-hearing Conference by Conference Call. The text of the order did not address the issues raised by the Order to Show Cause. In fact, the text merely re-states Complainant's requests without any discussion:

First, Mr. High respectfully moves to vacate the show cause order and to require disclosure of any direct or indirect communications by DOE, Lockheed or the DOL OALJ Front Office with the Court on this case.

Second, Mr. High respectfully moves to vacate the Court's orders vacating the orders for OSHA to investigate.

Third, Mr. High respectfully moves to reconsider the order denying consolidation of his cases.

Fourth, Mr. High respectfully moves to hold a pre-hearing conference call. 29 C.F.R. §18.8.

   In consideration of the fact that Complainant has failed to allege any basis for this court to order an investigation of the ARB by OSHA it is therefore, RECOMMENDED that the Secretary of Labor DISMISS the above-captioned complaint of David Marshall High in its entirety.

      GERALD M. TIERNEY
      Administrative Law Judge

NOTICE: This Recommended Decision and Order will automatically become the final order of the Secretary unless, pursuant to 29 C.F.R. § 24.8, a petition for review is timely filed with the Administrative Review Board, United States Department of Labor, Room S-4309, Frances Perkins Building, 200 Constitution Avenue, N.W., Washington, DC 20210. Such a petition for review must be received by the Administrative Review Board within ten business days of the date of this Recommended Decision and Order, and shall be served on all parties and on the Chief Administrative Law Judge. See 29 C.F.R. §§ 24.7(d) and 24.8.