DOL Home > OALJ > Whistleblower > Allen v. EG&G Defense Materials, Inc., 97-SDW-8 (ARB Sept. 28, 1998) |
ARB CASE NO. 98-073
ALJ CASE NO. 89-0FC-1
DATE: September 28, 1998
In the Matter of:
TRINA ALLEN,
v.
EG&G DEFENSE MATERIALS, INC.,
COMPLAINANT,
RESPONDENT.
Respondent EG&G Defense Materials, Inc. (EG&G) has filed a Notice of Appeal or Request for Review of an Order Granting Complainant's Motion for Default
Judgment issued by the Administrative Law Judge (ALJ) on January 26, 1998, in this case arising under the Toxic Substances Control Act, 15 U.S.C. §2622 (1994), the Clean Air Act, 42 U.S.C. §7622 (1994), the Solid Waste Disposal Act, 42 U.S.C. §6971 (1994), the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §9610, the Safe Drinking Water Act, 42 U.S.C. §300j-9(i) (1994) and the Federal Water Pollution Control Act 33 U.S.C. §1367 (1994). In his January 26, 1998 Order the ALJ entered default judgment pursuant to 29 C.F.R. §18.5(b) and provided the parties time within which to litigate issues related to damages. Respondent filed the instant Notice of Appeal, objecting to both the ALJ's ruling under Section 18.5(b) and his issuance of an order purporting to be a final decision. Respondent requests that the Notice of Appeal be interpreted to preserve its rights to appeal the ALJ's decision. On February 19, 1998, the ALJ issued an Erratum to reflect that his January 26, 1998 order was a recommended decision.
Respondent's request amounts to an interlocutory appeal, and the Secretary has held that such appeals are disfavored. Carter v. B & W Nuclear Technologies, Inc., Case No. 94-ERA-13, Sec. Ord. Denying Interlocutory Appeal, Sept. 28, 1994. In Carter the Secretary explained that:
Carter, slip op. at 2-3. We decline to depart from the usual practice of avoiding piecemeal appeals.
Respondent's request is denied and this case is dismissed without prejudice.
SO ORDERED.
PAUL
GREENBERG
Member
CYNTHIA L. ATTWOOD
Acting
ember