Lloyd v. Thomas Petroleum (agency decision, August 5, 2019)

Plain-English summary

Juan Lloyd alleged that Thomas Petroleum violated the Surface Transportation Assistance Act's employee protections. An ALJ granted summary decision against him, and he timely petitioned the Board for review. Lloyd later invoked the Act's option for a federal district-court action when the Secretary of Labor has not issued a final decision within 210 days and the complainant has not delayed the case in bad faith. The Board found both conditions satisfied and stated that Lloyd had filed the de novo action. It dismissed the administrative complaint.

Decision snapshot

• Cited authorities: 49 U.S.C. § 31105(c); 29 C.F.R. § 1978.114(a)
• Outcome: Administrative complaint dismissed after the complainant filed for de novo district-court review.
• Key point: A qualifying district-court filing under the STAA ends the parallel administrative appeal.

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:


  JUAN LLOYD,                                        ARB CASE NO.             2019-0006

                  COMPLAINANT,                       ALJ CASE NO. 2018-STA-00061

         v.                                          DATE:           August 5, 2019

  THOMAS PETROLEUM,

                  RESPONDENT.


  BEFORE:         THE ADMINISTRATIVE REVIEW BOARD


                               ORDER DISMISSING COMPLAINT

         On June 24, 2015, Juan Lloyd filed a complaint with the Department of
  Labor’s Occupational Safety and Health Administration (OSHA) alleging that
  Respondent Thomas Petroleum violated the employee protection provisions of the
  Surface Transportation Assistance Act (STAA) 1 and its implementing regulations. 2
  After investigating Lloyd’s complaint, OSHA found there was no reasonable cause
  to believe that Thomas Petroleum violated the STAA. Lloyd objected to OSHA’s
  findings and requested a hearing before a Department of Labor Administrative Law
  Judge (ALJ). On October 26, 2018, the ALJ issued an Order Granting Summary
  Decision and Cancelling Hearing Scheduled for October 30, 2018. 3

         On November 8, 2018, Lloyd filed a timely petition for review with the


  1
         49 U.S.C. § 31105
  2
         29 C.F.R. Part 1978
  3
         Lloyd v. Thomas Petroleum, ALJ No. 2018-STA-0061 (ALJ) (October 26, 2018).



  Administrative Review Board. On July 31, 2019, Lloyd filed a Notice with the
  Board stating his intention to file an action pursuant to 49 U.S.C. § 31105(c), with
  the appropriate United States District Court in compliance with 29 C.F.R. §
  1978.114(a), seeking de novo review. The STAA permits a complainant to file an
  action in the appropriate district court if the Secretary of Labor has not issued a
  final decision within 210 days after the filing of a complaint and if there is no
  showing that the complainant acted in bad faith in delay of the proceedings. Both
  conditions are met in this case. Accordingly, given that Lloyd has filed a de novo
  complaint in this action in the U.S. District Court as provided in 49 U.S.C. § 31105
  (c) and 29 C.F.R. §1978.114(a), we hereby DISMISS Lloyd’s complaint.

  SO ORDERED FOR THE BOARD.




                                         WILLIAM T. BARTO
                                         Chief Administrative Appeals Judge