Ewald v. Commonwealth of
Virginia, ARB No. 00-077, ALJ No. 1989-SDW-1 (ARB Aug. 21,
2000) ALJ No. SWD on caption below is in error; ALJ No. is 1989-SDW-
1
ARB CASE NO. 00-077
ALJ CASE NO. 89-SWD-1
DATE: August 21, 2000
In the Matter of:
PAULINE EWALD,
COMPLAINANT,
v.
COMMONWEALTH OF VIRGINIA,
RESPONDENT.
BEFORE: THE ADMINISTRATIVE REVIEW BOARD
Appearances: For the Complaint:
Richard E. Condit, Esq.; Mick G. Harrison, Esq.,
GreenLaw, Washington, D.C.
For the Respondent:
John R. Butcher, Esq., Commonwealth of Virginia, Richmond,
Virginia
REMAND ORDER
On July 27, 2000, an Administrative Law Judge (ALJ ) filed a request for
a status update on this case. The ALJ indicated that the following documents had been filed with
[Page 2]
the Office of Administrative Appeals (OAA), the Administrative Review Board's predecessor1:
1 The Secretary of Labor has delegated her
authority to issue final agency decisions under the whistleblower statutes to the Administrative Review
Board. Secretary's Order 2-96, 61 Fed. Reg. 19978 (May 3, 1996). A panel of two Board members
decided this appeal pursuant to the Secretary's Order. Id. at §5.
2 Our disposition of Virginia's
Motion for Summary Judgment renders Ewald's Motion to Strike moot. Further, while we are not
inclined to "enjoin[] [Virginia] from filing any additional documents with the Secretary or the ALJ
without first seeking permission," Complainant's Motion to Strike at 2, we expect that the parties
will adhere to the governing procedural regulations. See 29 C.F.R. Part 24.