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United States Department of Labor Employees Compensation Appeals Board P.S., Appellant and U.S. POSTAL SERVICE, POST OFFICE, Philadelphia, PA, Employer)))))))) Appearances: Thomas R. Please, Esq.,

Expellees. (“expellees”) filed a request for rehearing as previously scheduled, and requested that the decision be vacated and the case be remanded with directions that the decision to enforce (or not to enforce) the letter of a notice of violation be modified to include the term “employee”; the original decision to enforce (or not to enforce) the letter of violation was affirmed in April 2011. On July 17, 2011, appellant, Expellees, filed a revised request for a rehearing. On July 19, 2011, the parties filed supplemental briefing related to the parties' conflicting interpretations of the same notice of violation. The parties filed briefs and agreed to a scheduling conference on July 18, 2011. On July 21, 2011, the parties filed an amicus curiae brief. On July 28, 2011, both parties filed a motion for reconsideration of the decision at issue in this motion, and the parties filed a joint motion for leave to file supplemental briefing. On July 31, 2011, the parties filed a hearing on the motion for reconsideration, scheduled for this Court's 11th day. On August 7, 2011, the parties filed a joint motion for reconsideration, and the Court denied that motion in part, set for hearing in conference on August 14, 2011. On August 10, 2011, appellant, Expellees, filed a memorandum in response to the parties' supplemental briefing, the court scheduled a status conference for August 12, 2011, at 9:00 a.m., and scheduled a conference on the supplemental briefing by text on August 13 and 14, 2011 at 9:00 a.m. On August 14, 2011, the parties filed a status conference in person. On August 21, 2011, the parties filed an exhibit list, which included the same documents filed in the July 21, 2011, conference. After the August 14, 2011, status conference was completed, the court granted appellant's motion to continue the status conference, and the parties filed a joint memorandum in opposition to the joint motion for reconsideration, the memorandum including the August 31 conference agenda. On August 23, 2011, the court filed an order denying appellant's motion to reopen a status conference, as well as the joint motion for reconsideration. After the filing of the joint motion to reconsider the status conference, the parties filed a memorandum of decision concerning the August 31 conference, dated August 25, 2011.

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11-1692doc - dol is a form used by the Department of Labor (DOL) to collect data on the employment and wage practices of federal contractors and subcontractors.

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