Dubois v. Clark Construction (Board decision, July 16, 2014)

Plain-English summary

Brian Keith Smith Dubois appealed in a Davis-Bacon Act case against Clark Construction. After the Board opened the appeal, a Labor Department judge issued an order extending time to respond to a show cause order. That indicated the judge had not yet issued a final decision for the Board to review. The Board asked Dubois to explain why the appeal should continue, and he requested voluntary dismissal instead. The Board granted the request and dismissed its case without prejudice.

Decision snapshot

• Cited authorities: Davis-Bacon Act, 40 U.S.C. §§ 3141-3148; Board review procedure, 20 C.F.R. Part 6.
• Outcome: Board appeal dismissed without prejudice at Dubois's request; underlying claim not decided.
• Key point: The Board closed an appeal that appeared premature because the judge had not yet issued a final order.

Full text (DOL official public release)

U.S. Department of Labor
Administrative Review Board
200 Constitution Avenue, N.W.
Washington, D.C. 20210

IN THE MATTER OF:

BRIAN KEITH SMITH DUBOIS,
ARB CASE NO. 14-062

COMPLAINANT,
ALJ CASE NO. 2014-DBA-015

v. DATE: July 16, 2014

CLARK CONSTRUCTION,

RESPONDENT.

BEFORE: THE ADMINISTRATIVE REVIEW BOARD

Appearances:

For the Complainant:
Jerry Alfonso Miles, Esq., Deale Services, LLC, Rockville, Maryland

For the Respondent:
Alexander J. Passantino, Esq.; Seyfarth Shaw LLP, Washington, District of Columbia

Before: Paul M. Igasaki, Chief Administrative Appeals Judge and Lisa Wilson Edwards, Administrative Appeals Judge

ORDER GRANTING MOTION FOR VOLUNTARY DISMISSAL WITHOUT PREJUDICE

On June 11, 2014, the Administrative Review Board issued a Notice of Appeal and Order Establishing Briefing Schedule in this case arising under the Davis-Bacon Act (DBA or the Act). 1 On June 16, 2014, a Department of Labor Administrative Law Judge (ALJ) issued an Order Granting Extension of Time to Respond to Order to Show Cause.
Thus it appeared that the ALJ had not yet issued a final decision subject to review by the

1
40 U.S.C.A. §§ 3141-3148 (West 2010).

USDOL/OALJ REPORTER
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Administrative Review Board as provided in 20 C.F.R. Part 6. Accordingly, the Board ordered Complainant Brian Keith Smith Dubois to show cause, no later than July 11, 2014, why the Board should not dismiss his petition for review because the ALJ has not yet issued a final appealable order in this case.

On July 10, 2014, Complainant filed a Motion for Voluntary Dismissal Without Prejudice. We GRANT this motion and DISMISS this case without prejudice.

SO ORDERED.

PAUL M. IGASAKI
Chief Administrative Appeals Judge

LISA WILSON EDWARDS
Administrative Appeals Judge

USDOL/OALJ REPORTER
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