Ford v. Zebra Carriers, Inc. and Ford v. TCM Transport, LLC (agency decision, May 13, 2019)

Plain-English summary

Michael Ford sought Board review in two matters involving Zebra Carriers and TCM Transport. The Board first ordered him to explain why the appeal should not be dismissed for failure to file his petition, then granted him more time and amended the briefing schedule. It warned that failure to follow its orders and briefing requirements could lead to sanctions, including dismissal. Ford did not submit an opening brief by the time of the order. The Board dismissed the petition for review without prejudice.

Decision snapshot

• Cited authority: No statute or regulation is cited in the order.
• Outcome: Petition for review dismissed without prejudice for failure to file an opening brief.
• Key point: Failure to comply with an extended briefing schedule after a dismissal warning can end Board review.

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:

  MICHAEL FORD,                                ARB CASE NO. 2018-0057

                  COMPLAINANT,                 ALJ CASE NO. 2016-STA-00062

         v.

  ZEBRA CARRIERS,
  INCORPORATED,

                  RESPONDENT.

  MICHAEL FORD,                               ARB CASE NO. 2019-0023

                  COMPLAINANT,                ALJ CASE NO. 2016-STA-0063

         v.                                   DATE: May 13, 2019

  TCM TRANSPORT, LLC.

                  RESPONDENT.


  BEFORE:         THE ADMINISTRATIVE REVIEW BOARD


                           ORDER DISMISSING CASE

        By Order dated March 14, 2019, the Administrative Review Board (the
  Board) issued an Order Granting Extension of Time and Amending Briefing
  Schedule to Complainant. Previously, the Board Ordered Complainant to Show
  Cause why his appeal should not be dismissed for failure file his Petition for
  Review. Complainant was placed on notice that this Board has authority to issue




  sanctions, including dismissal, for a party’s failure to comply with the Board’s
  orders and briefing requirements. 1

        As of the date of this Order, the Board has not received an opening brief from
  Complainant. Accordingly, the Petition for Review filed by Complainant in this
  matter is hereby DISMISSED without prejudice.

  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 staff: Telephone: (202) 693-6200, Facsimile: (202)
  693-6220




  1
         Jessen v. BNSF Railway Co., ARB No. 12-107, ALJ No. 2010-FRS-022 (ARB July 26,
  2013). See also Ellison v. Washington Demilitarization Co., ARB No. 08-119, ALJ No. 2005-CAA-
  009 (ARB Mar. 16, 2009), aff’d sub nom. Ellison v. U.S. Dep’t of Labor, 09-13054 (11th Cir. June
  17, 2010).