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Carmicheal v. Consolidated Freightways Corp. of Delaware, 2000-STA-53 (ALJ Mar. 7, 2001)
U.S. Department of Labor | Office of Administrative Law Judges 525 Vine Street, Suite 900 Cincinnati, OH 45202 (513) 684-3252 | ![]() |
Case No.: 2000-STA-53
In the Matter of:
OTIS CARMICHEAL
Complainant
v.
CONSOLIDATED FREIGHTWAYS CORPORATION OF DELAWARE
Respondent
By facsimile transmission, Phillip L. Harmon, counsel for Complainant, filed a Motion for Reconsideration of my Order issued on March 6, 2001 concerning Complainant's request for sanctions. In the alternative, Mr. Harmon moves that this matter be stayed in order to permit him to presently appeal the Order.
Following consideration of Complainant's Motion for Reconsideration, IT IS ORDERED that the motion is hereby denied. In addition, Complainant's request for a stay of this proceeding in order to permit an interlocutory appeal of the Order is also hereby denied.
The request for sanctions was discovery related. Both the Secretary of Labor and the Administrative Review Board view interlocutory appeals in general with disfavor and there exists a strong policy against piecemeal appeal of judicial rulings in whistleblower proceedings. Carter v. B & W Nuclear Technologies, Inc., Case No. 94-ERA-13, Sec'y Order Sept. 28, 1994, slip op. at 3-4; Allen v. EG&G Defense Materials, Inc. ARB Case No. 98-073, ALJ Case No. 1997 SWD 8 and 10, ARB Order Sept. 28, 1998; and Plumley v. Federal Bureau of Prisons, 86-CAA-6 (Sec'y Order Denying Interlocutory Appeal, Apr. 29, 1987.)
The rules for implementing Section 405 of the Surface Transportation Assistance Act of 1982 are silent on the subject of interlocutory appeals and thus confer no authority for maintaining that type of action presently. 29 C.F.R. Part 1978. Complainant may raise any and all controverted issues while this case is under review by the Administrative Review Board once a final decision has been rendered by this office.
Rudolf L. Jansen
Administrative Law Judge