Sutherland v. Spray Systems Environ., 95-CAA-1 (ALJ Apr. 21, 1995)

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Sutherland v. Spray Systems Environ., 95-CAA-1 (ALJ Apr. 21, 1995)
DATE ISSUED: April 21, 1995

CASE NO:  95-CAA-1

In the Matter of:

CLIFFORD SUTHERLAND,                          
SCOTT TENBRINK,
FRED E. FRANKLIN,                            
AND AARON HAHN,
     Complainants

     v.   

SPRAY SYSTEMS ENVIRONMENTAL
AND WILLIAM RAE SMITH
     Respondents

                      SUPPLEMENTAL ORDER

     In the Recommended Decision and Order dated March 30, 1995,
Complainants were ordered to submit to the Court an itemization
of their earnings since the date of their discharge on July 27,
1994 until the date on which an offer of reinstatement was made. 
On April 3, 1995, Respondent's counsel sent the Court a copy of a
letter dated October 27, 1994 signed by Respondent's counsel
offering Complainants an immediate unconditional offer of
reinstatement.  Accordingly, the Court accepts the date of
October 27, 1994 as the appropriate date on which to terminate
Complainants' damages.

     On April 13, 1995, the Court received affidavits from the
four Complainants as well as an affidavit from another former
employee of Respondent, Johnny Crumpton.  However, Complainants'
affidavits do not appropriately respond to the Recommended
Decision and Order dated March 30, 1995, as they do not contain
the requisite information to determine a precise award of
damages.

     Accordingly, all four Complainants are to submit to the
Court within ten days of the receipt of this Order: an
itemization of all gross wages earned from July 27, 1994
until October 27, 1994 as well as the corresponding dates of
employment of all jobs held between July 27, 1994 and October 27,
1994.

     With respect to the affidavit submitted by Johnny Crumpton,
the Court will disregard said affidavit, as it is speculative as
well as unresponsive to the Decision and Order dated March 30,
1995.

     IT IS ORDERED that the Complainants submit to the Court
within ten days of the receipt of this Order the above specified
information.


     SO ORDERED

                         DANIEL L. LELAND
                         Administrative Law Judge