Ezel / Agency Decisions / ARB 2015-0084

D'Angelo v. JetBlue Airways Corp. (Board decision, October 28, 2015)

D'Angelo v. JetBlue Airways Corp. (DOL ARB 2015-0084): JetBlue's appeal withdrawn

Decision type
Board decision
Dockets
ARB 2015-0084, ALJ 2012-AIR-016
Decided
October 28, 2015
Outcome
Procedural
Precedential status
Citable Board precedent
Checked against source
2026-11-06
Cited standards
29 C.F.R. § 26.1(b)
Official source
Read the official release (dol.gov)
PDF
View Official PDF

Apply this precedent to your situation

This is citable Board precedent from 2015, and it may have been appealed since. Ezel checks how it stands today and answers your situation, with citations.

Currency note: this decision dates from 2015
The statutes and regulations the Board applies may have been amended, and later Board or court decisions may have changed the analysis since then. Treat this page as historical context, not current advice. Verify current law before relying on any specific rule mentioned here.
Final ARB decision closing the appeal
The Board dismissed JetBlue's appeal after JetBlue withdrew its petition for review. The Board stated that the administrative law judge's decision and order became the Department of Labor's final decision. Under 29 C.F.R. § 26.1(b), the Board acts as fully and finally as the Secretary of Labor on matters within its authority.
About this page: The plain-English summary and decision snapshot below were written by Ezel based on the official DOL ARB release. The full text is the agency's own release.
Read the official release (dol.gov)

Plain-English summary

An administrative law judge awarded Gary D'Angelo benefits in part in a case against JetBlue Airways Corporation. JetBlue petitioned the Administrative Review Board to review that ruling. JetBlue then notified the Board that it wanted to withdraw its petition. The Board dismissed JetBlue's appeal and stated that the judge's decision and order became the Department of Labor's final decision. The Board did not decide the merits of JetBlue's appeal.

Decision snapshot

  • Cited authorities: No statute or regulation is cited in the order; the finality banner cites the Board's general authority under 29 C.F.R. § 26.1(b).
  • Outcome: JetBlue's appeal dismissed after withdrawal; the ALJ's decision and order became the Department's final decision.
  • Key point: The withdrawal ended Board review without a merits ruling on the ALJ's partial benefits award.

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:

GARY D’ANGELO,
ARB CASE NO. 15-084

COMPLAINANT,
ALJ CASE NO. 2012-AIR-016

v. DATE: October 28, 2015

JETBLUE AIRWAYS CORPORATION,

RESPONDENT.

BEFORE: THE ADMINISTRATIVE REVIEW BOARD

ORDER GRANTING WITHDRAWAL OF APPEAL

On October 19, 2015, Respondent JetBlue Airways Corporation notified the Administrative Review Board of its desire to withdraw its petition for review of the August 13, 2015 Decision and Order Awarding Benefits, In Part issued by a Department of Labor Administrative Law Judge (ALJ) in D’Angelo v. JetBlue Airways Corp., ALJ No. 2012-AIR-016. Accordingly, the Board dismisses Respondent’s appeal and the ALJ’s Decision and Order becomes the final decision for the Department of Labor in this case.

FOR THE ADMINISTRATIVE REVIEW BOARD:

Janet R. Dunlop
General Counsel

Note: Questions regarding any case pending before the Board should be directed to the Board’s Paralegal Specialists, Telephone: (202) 693-6200, Facsimile: (202) 693-6220.

USDOL/OALJ REPORTER
PAGE 1

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