In re Alta Waterproofing (agency decision, May 7, 2019)

Plain-English summary

Alta Waterproofing appealed a matter involving Wage Decision No. VA150095, modification 994. The Board issued a show-cause order on January 8, 2019, giving the company 14 days to explain why the appeal should not be dismissed for failure to prosecute. Alta Waterproofing did not respond to that order. It also did not file the brief required by the briefing schedule. The Board dismissed the case.

Decision snapshot

• Cited authority: No statute or regulation is cited in the order.
• Outcome: Wage-decision appeal dismissed for failure to prosecute.
• Key point: Ignoring both a show-cause order and the briefing schedule resulted in dismissal.

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:

  ALTA WATERPROOFING                                   ARB CASE NO.   2018-0054

  With respect to Wage Decision No.                    DATE: May 7, 2019
  VA150095 mod. 994

  BEFORE:         THE ADMINISTRATIVE REVIEW BOARD


                             ORDER OF DISMISSAL

          On January 8, 2019, the Board issued an Order to Show Cause allowing Alta
  Waterproofing fourteen (14) days to explain why this case should not be dismissed
  for failure to prosecute the appeal. No response to the Show Cause order has been
  filed, and no brief has been received from Alta Waterproofing as provided by the
  briefing schedule. Accordingly, this case is DISMISSED.

  FOR THE ADMINISTRATIVE REVIEW BOARD:



  William T. Barto
  Chief Administrative Appeals Judge

  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.