Ezel / Agency Decisions / arb-2018-0072-commission

Bailey v. Metropolitan Transit Authority (agency decision, February 12, 2019)

Bailey v. Metropolitan Transit Authority (DOL ARB 2018-0072): appeal dismissed after opening brief omitted

Decision type
agency decision
Dockets
ARB 2018-0072, ALJ 2018-NTS-00001
Decided
February 12, 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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This is citable agency precedent from 2019, 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 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 Guy Bailey's case after he did not file an opening brief or respond to a 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

Guy Bailey sought Board review in a case involving the Metropolitan Transit Authority. He did not file the required opening brief. On January 8, 2019, the Board gave him 14 days to explain why the case should not be dismissed because of that omission. Bailey did not respond to the show-cause order. The Board dismissed the case without addressing its underlying merits.

Decision snapshot

  • Cited authority: No statute or regulation is cited in the order.
  • Outcome: Case dismissed for failure to file an opening brief or answer the show-cause order.
  • Key point: A party who leaves both the opening brief and show-cause response unfiled loses 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:


  GUY BAILEY,                                           ARB CASE NO. 2018-0072

                  COMPLAINANT,                          ALJ CASE NO. 2018-NTS-00001

         v.                                             DATE: February 12, 2019

  METROPOLITAN TRANSIT AUTHORITY,

                  RESPONDENT.


  BEFORE:         THE ADMINISTRATIVE REVIEW BOARD


                                    ORDER OF DISMISSAL

           On January 8, 2019, an Order to Show Cause was issued allowing Complainant fourteen
  (14) days to show cause why this case should not be dismissed in light of Complainant’s failure
  to file an opening brief. 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

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