The items above represent 6.5 hours at $110 per hour, for a subtotal
of $715, and 0.4 hours at $125 per hour, for a subtotal of $30. The total amount of disallowed
attorney fees is $745.
In a supplemental petition, Hoffman's attorneys presented an
itemized record showing additional attorney's fees incurred through March 15, 1996 in the
amount of ,441. 00. We find that these additional fees reasonably were incurred in bringing
[Page 8]
the complaint and award them. The total attorney's fee award for work through March 15, 1996
is $39,982.86.
Turning to the costs claimed by Hoffman, we affirm the ALJ's
award of $5,585.36 in costs incurred through March 15, 1996 (the time of the supplemental
petition).
Hoffman's attorneys also are entitled to payment of the fees and
costs incurred since March 16, 1996. During that time, the attorneys have prepared two briefs
that Hoffman submitted before this Board. Hoffman's counsel shall have 20 days after the
issuance of this Order to submit to this Board a supplemental petition itemizing the additional
attorney's fees and costs incurred in bringing this complaint. Respondents shall have 30 days
after issuance of this Order to submit any response. After receipt of the petition and response,
we will issue a supplemental order setting forth the additional fees and costs awarded.
ORDER
1. Respondents shall reinstate Complainant to his former position,
with no loss of seniority or other status and privileges of his employment.
2. Respondents shall pay for Complainant to attend asbestos
certification school.
3. Consistent with this decision, Respondents shall pay Complainant
back pay until reinstatement or Complainant's declination of an offer of reinstatement. The back
pay for August 15 through September 14, 1993 is $2,879.42. For the period since June 22, 1995,
Complainant is entitled to back pay at the rate of $296.90 per week, until reinstatement or
declination of an offer of reinstatement, less interim earnings. Respondents shall pay interest on
the back pay at the rate specified in 26 U.S.C. § 6621.
4. Respondents shall pay to Complainant's attorneys $39,9982.86
in attorney's fees and $5585.36 in costs for the period through March 15, 1996.
5. Complainant shall have 20 days from the date of this Order to
submit to this Board an itemized petition for additional attorney's fees and costs incurred on or
after March 16, 1996. The petition shall be served on Respondents, who shall have 30 days after
issuance of this Order to submit any response. This Board will issue a supplemental order setting
forth the additional attorney's fees and costs to which Complainant is entitled.
SO ORDERED.
DAVID A. O'BRIEN
Chair
KARL J. SANDSTROM
Member
JOYCE D. MILLER
Alternate Member
[ENDNOTES]
1 On April, 17, 1996, a Secretary's
Order was signed delegating jurisdiction to issue final agency decisions under this statute to the
newly created Administrative Review Board. 61 Fed. Reg. 19978 (May 3, 1996). Secretary's Order
2-96 contains a comprehensive list of the statutes, executive order and regulations under which
the Administrative Review Board now issues final agency decisions. Final procedural revisions to
the regulations (61 Fed. Reg. 19982) implementing this reorganization were also promulgated on this
date.
2 Boss agrees that upon Hoffman's
reinstatement the company will pay for him to attend absestos certification school.
3 Hoffman's counsel concedes that
a portion of the charges on September 1, December 14, and December 16, 1993 were for
investigating, discussing, or copying the rules concerning asbestos and roofing. Claimant's Brief
before Board at 16.