ARB CASE NO. 97-125 (ALJ CASE NO. 96-ERA-44) DATE: August 19, 1997
In the Matter of:
KENNETH DOBREUENASKI,
COMPLAINANT,
v.
ASSOCIATED UNIVERSITIES, INC.,
RESPONDENT.
BEFORE: THE ADMINISTRATIVE REVIEW BOARD
SECOND NOTICE OF REVIEW
AND ORDER ESTABLISHING AMENDED BRIEFING SCHEDULE AND
PRELIMINARY ORDER
The Interim Recommended Decision and Order issued May 1, 1997
and the Final Recommended Decision and Order (R. D. and O.) issued on July 10, 1997 by
the Administrative Law Judge (ALJ) have been transmitted to the Board for review. On July
28, 1997, the Board issued a Notice of Review and Order Establishing Briefing Schedule and
Preliminary Order.
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Counsel for Complainant has notified the Board that a copy of that July
28 Order has not been received to date and requested an amended briefing schedule.
Counsel for Respondent has requested an amended schedule allowing for simultaneous filing
of briefs by the parties, on the ground that the ALJ's R. D. and O. was partially in each
party's favor. Counsel for Complainant joined in the request for permission to file
simultaneous briefs. For good cause shown, it is hereby
Ordered, that the terms of the briefing schedule issued in this
matter on July 28, 1997 are rescinded and the following briefing schedule is substituted
therefor:
Respondent and Complainant may each file an initial brief, not to
exceed 30 double spaced typed pages, on or before September 29, 1997.
Complainant and Respondent may each file a reply brief, (exclusively responsive to
each others initial brief), not to exceed 20 double spaced typed pages, on or before
October 30, 1997.
All pleadings are expected to conform to the page limitations and
should be prepared in Courier 12 point, 10 character-per-inch type or larger, with minimum
one inch left and right margins and minimum 1 inch top and bottom margins, printed on
8 by 11 inch paper.
An original and four copies of all pleadings and briefs shall be filed
with the Administrative Review Board, U.S. Department of Labor, 200 Constitution Avenue,
N.W., Room S-4309, Washington, D.C., 20210 (Telephone Number, 202-219-4728;
Facsimile Number, 202-219-9315).
PRELIMINARY ORDER
As noted, on May 1 and July 10, 1997, the ALJ issued Interim and
Final R. D. and O.'s. in this case arising under the Energy Reorganization Act of 1974
(ERA), 42 U.S.C. § 5851 (Supp. IV 1992), as amended by the Comprehensive
National Energy Policy Act of 1992 (CNEPA), Pub. L. No. 102-486, 106 Stat. 2776, 3123.
The Interim R. D. and O. award damages to the of Complainant. The Final R. D. and O.
awarded Complainant attorney's fees and costs.
The following preliminary order is hereby entered:
1. Respondent shall pay Complainant the sum of $168.00 for wages lost as a
result of a retaliatory demotion.
2. Respondent shall pay $33,770.75 in attorney's fees and $5,584.00 in costs and
disbursements to Complainant's Counsel.