Holifield v. Isramco, Inc. (Board decision, January 21, 2015)

Plain-English summary

Isramco had filed a petition asking the Board to review a case involving Dennis Holifield. The company told the Board it filed that petition to protect its ability to cross-appeal if Holifield appealed. Because Holifield did not file an appeal, Isramco asked to withdraw its own petition. The Board granted the request and dismissed the petition without addressing the underlying claim.

Decision snapshot

• Cited authorities: None in this order.
• Outcome: Isramco's petition for review dismissed at its request.
• Key point: Isramco withdrew its protective appeal after Holifield did not appeal.

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:

DENNIS J. HOLIFIELD,
ARB CASE NO. 15-014

COMPLAINANT,
ALJ CASE NO. 2014-SOX-017

v. DATE: January 21, 2015

ISRAMCO, INC.,

RESPONDENT.

BEFORE: THE ADMINISTRATIVE REVIEW BOARD

FINAL ORDER GRANTING MOTION TO WITHDRAW APPEAL

On December 31, 2014, the Administrative Review Board received Petitioner Isramco’s motion to withdraw its appeal in this case. Petitioner avers that the petition was filed as a protective appeal to preserve its right to pursue a cross-appeal if Complainant Dennis J. Holifield filed a timely appeal and that because Holifield has not filed an appeal, Isramco is withdrawing its petition for review.

Accordingly, the Board GRANTS Petitioner’s motion and DISMISSES its petition for review.

FOR THE ADMINISTRATIVE REVIEW BOARD:

Janet R. Dunlop
General Counsel

USDOL/OALJ REPORTER
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