Ezel / Agency Decisions / arb-2018-0069-commission

Hawkins-El v. New York Transit Authority (agency decision, January 30, 2019)

Hawkins-El v. New York Transit Authority (DOL ARB 2018-0069): case dismissed after no show-cause response

Decision type
agency decision
Dockets
ARB 2018-0069, ALJ 2018-NTS-2
Decided
January 30, 2019
Outcome
Procedural
Precedential status
Citable agency precedent
Checked against source
2026-09-06
Official source
Read the official release
PDF
View Official PDF

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Currency note: this decision dates from 2019
The standards may have been amended, penalty amounts have been adjusted, and later agency or court decisions may have changed the analysis since then. Treat this page as historical context, not current compliance advice. Verify the current standard before relying on any specific rule, threshold, or penalty mentioned here.
Final ARB decision
This decision is a final action of the Administrative Review Board under 29 C.F.R. § 26.1(b), which provides that the Board acts as fully and finally as the Secretary of Labor for matters within its authority. The Board dismissed the case after the complainant did not respond to its show-cause order.
About this page: The plain-English summary and decision snapshot below were written by Ezel based on the official agency release. The full text is the agency's own release.
Read the official release

Plain-English summary

The Board issued James S. Hawkins-El, III an order to show cause on December 18, 2018. The order gave him 20 days to explain why the case should not be dismissed. The Board received no response. It therefore dismissed the case. The one-page order does not describe the underlying claim or give any other reason for dismissal.

Decision snapshot

  • Cited authority: No statute or regulation is cited in the order.
  • Outcome: Case dismissed after no response to the show-cause order.
  • Key point: Failure to respond within the Board's 20-day show-cause period 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:



  JAMES S. HAWKINS-EL, III,                           ARB CASE NO. 2018-0069

                  COMPLAINANT,                        ALJ CASE NO. 2018-NTS-00002

         v.                                           DATE: January 30, 2019

  NEW YORK CITY TRANSIT AUTHORITY,

                  RESPONDENT.


  BEFORE:         THE ADMINISTRATIVE REVIEW BOARD


                               ORDER OF DISMISSAL

         On December 18, 2018, an Order to Show Cause was issued allowing Complainant
  20 days to show cause why this case should not be dismissed. No response to the Show
  Cause Order has been filed. Accordingly, this case is DISMISSED.


  FOR THE ADMINISTRATIVE REVIEW BOARD:



  William T. Barto
  Chief, Administrative Appeals Judge

USDOL/OALJ REPORTER PAGE 1

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