DOL Home > OALJ > Whistleblower > Ass't Sec'y & Zessin v. ASAP Express, Inc., 92-STA-33 (OAA Oct. 26, 1992) |
Office of Administrative Appeals
Washington, D.C. 20210
DATE: OCT 26 1992
CASE NO. 92-STA-33
IN THE MATTER OF
ASSISTANT SECRETARY OF LABOR FOR
OCCUPATIONAL SAFETY AND HEALTH,
PROSECUTING PARTY,
AND
SCOTT ZESSIN,
COMPLAINANT.
v.
ASAP EXPRESS, INC.,
RESPONDENT.
BEFORE: THE SECRETARY OF LABOR
This case arises under Section 405 (employee protection provision) of the Surface Transportation Assistance Act of 1982 (STAA), 49 U.S.C. app. § 2305 (1988). The [Recommended] Decision and Order (R.D. and O.) issued on October 15, 1992, by Administrative Law Judge (ALJ) Charles P. Rippey currently is pending review by the Secretary of Labor. Under the STAA implementing regulations, the parties are accorded a period of 30 days to file briefs in support of or in opposition to the ALJ's decision. 29 C.F.R. § 1978.109(c)(2) (1991). In view of arguable ambiguity in the ALJ's ordering of proceedings, R.D. and O. at 12, the parties are permitted an additional ten days, to and including November 24, 1992, in which to file any briefs addressing the merits before the Secretary. Briefs shall be
submitted to the Office of Administrative Appeals, U.S. Department of Labor, 200 Constitution Avenue, N.W., Room S-4309, Washington, D.C. 20210. Copies of all filings shall be served on all other parties and their counsel. SO ORDERED.
For the Secretary of Labor
M. ELIZABETH CULBRETH
Director, Office of
Administrative
Appeals1
Washington, D.C.
1This order is issued pursuant to Secretary's Order 3-90, 55 Fed. Reg. 13,250 (April 9, 1990) (copy appended).