Chief, Division of Enforcement v. Association of Administrative Law Judges (Board decision, July 24, 2015)

Plain-English summary

The Department of Labor's Chief of the Division of Enforcement brought a standards of conduct case against the Association of Administrative Law Judges. An administrative law judge granted the association's motion for summary decision, denied the Chief's competing motion, and recommended dismissing the claim. The Board's rules gave parties 15 days after service to file exceptions to that recommendation. No party filed exceptions. The Board notified the parties that the judge's recommendation automatically became its final decision, without a separate merits discussion.

Decision snapshot

• Cited authorities: 5 U.S.C. § 7101 and 29 C.F.R. §§ 458.88(c) and 458.91(a).
• Outcome: The unopposed ALJ recommendation dismissing the claim became the Board's final decision upon notification.
• Key point: Without timely exceptions, the Board's notice made the judge's recommended dismissal final under § 458.91(a).

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:

PATRICIA FOX, CHIEF, DIVISION OF
ARB CASE NO. 15-073
ENFORCEMENT; OFFICE OF LABOR
MANAGEMENT STANDARDS;
ALJ CASE NO. 2014-SOC-001
UNITED STATES DEPARTMENT
OF LABOR,
DATE: July 24, 2015

COMPLAINANT,
v.

ASSOCIATION OF ADMINISTRATIVE
LAW JUDGES, JUDICIAL COUNCIL NO. 1,
INTERNATIONAL FEDERATION OF
PROFESSIONAL & TECHNICAL
ENGINEERS,

RESPONDENT.

BEFORE: THE ADMINISTRATIVE REVIEW BOARD

NOTIFICATION

On April 10, 2015, a Department of Labor Administrative Law Judge (ALJ) entered a Recommended Decision and Order Granting Respondent’s Motion for Summary Decision, Denying Complainant’s Motion for Summary Decision, and Dismissing Claim (R. D. & O.) in this case arising under Title VII of the Civil Service Reform Act of 1978 (CSRA), 5 U.S.C.A. § 7101 et seq. (Thomson West 2015); the Labor-Management Reporting and Disclosure Act (LMRDA), 29 U.S.C.A. §§ 401-531 (West 1998); and implementing regulations, 29 C.F.R. Parts 457-459 (Standards of Conduct) (2014).

The applicable regulations provide that any party may file exceptions to the Administrative Law Judge’s recommended decision and order with the Administrative

USDOL/OALJ REPORTER
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Review Board within fifteen days after service of the recommended decision and order. 1 No party has filed exceptions to the R. D. & O. If no party files timely exceptions, the ARB may, at its discretion, adopt the ALJ’s recommended decision and order without discussion. 2 Upon notification to the parties, the ALJ’s recommended decision automatically becomes the ARB’s final decision. 3 This order constitutes notice to the parties that, no exceptions having been timely filed, the ALJ’s R. D. & O. is the final decision in this case.

FOR THE ADMINISTRATIVE REVIEW BOARD:

Janet R. Dunlop
General Counsel

1
29 C.F.R. § 458.88(c). The regulations also provide that the ALJ will transfer the case to the ARB including the recommended decision and order and the record. 29 C.F.R. § 458.88(b). The ARB received the R. D. & O. on July 7, 2015, and the record on July 22, 2015.
2
29 C.F.R. § 458.91(a).
3
Id.

USDOL/OALJ REPORTER
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