ARB CASE NO 99-120
(Formerly Case No. 96-137)
ALJ CASE NO. 95-SDW-1
DATE:September 29, 1999
In the Matter of:
CHRIS WHITE,
COMPLAINANT
v.
THE OSAGE TRIBAL COUNCIL
ON BEHALF OF THE OSAGE NATION,
RESPONDENT.
BEFORE: THE ADMINISTRATIVE REVIEW BOARD
Appearances:
For the Complainant:
John T. Edwards, Esq., Oklahoma City, Oklahoma
For the Respondent: F. Browning Pipestem, Norman, Oklahoma
REMAND ORDER
On August 8, 1997, we issued a Decision and Order of Remand in this case
finding that Respondent Osage Tribal Council violated the employee protection provisions of the Safe
Drinking Water Act (SDWA), 42 U.S.C. §§300j 9(i), when it terminated Complainant Chris
White's employment for engaging in reporting activity protected by the SDWA. White v. Osage
Tribal Council, ALJ Case No. 95-SDW-1, ARB Case No. 96-137 (Aug. 8, 1997). We remanded
the case to the Administrative Law Judge (ALJ ) for the limited purpose of determining the precise amount
of damages and costs.
[Page 2]
The Osage Tribal Council filed a collateral order appeal to the United States Court
of Appeals for the Tenth Circuit asking the court to determine only whether the SDWA abrogates tribal
immunity. On March 30, 1998, the ALJ to whom the case was reassigned upon remand issued an order
returning the case to the Administrative Review Board, pending the outcome of the Tenth Circuit appeal.
On August 4, 1999, the Tenth Circuit issued a ruling upholding our decision in this
case and remanding for further proceedings consistent with its order. Osage Tribal Counsel v. U.
S. Department of Labor, ___ F.3d ___, 1999 WL 570477 (Aug. 4, 1999) (No. 97-9564).
Accordingly, we again REMAND this case to the ALJ, in accordance with our August 8, 1997
Decision and Order of Remand to determine the precise amount of damages and costs.