Kelley v. Secretary

Opinion and Order

Restani, Judge:

Defendant has moved for certification of the statute of limitations issue as resolved by the court in Slip Op. 85-132, Court No. 85-03-00437. Before addressing the issue raised here, the court believes clarification of the court’s decision on the statute of limitations may be helpful. Defendant asserts in its motion for certification that plaintiff-Kelley, and presumably her co-plaintiffs, did not appear before the Secretary of Labor as a petitioner in the investigation leading to denial of eligibility to apply for trade adjustment assistance. Although this…