Office of Labor-Management Standards, U.S. Department of Labor v. American Federation of Government Employees, Local 3147 (agency decision, February 14, 2019)

Plain-English summary

The Labor Department's Office of Labor-Management Standards brought a standards-of-conduct case against American Federation of Government Employees Local 3147. An ALJ recommended entering default judgment against the union. The applicable regulations gave parties 15 days after service to file exceptions with the Board. No party filed any. The Board notified the parties that it adopted the recommended default judgment as the final decision without further discussion.

Decision snapshot

• Cited authorities: 29 C.F.R. §§ 458.88 and 458.91(a)
• Outcome: Unopposed recommended default judgment adopted as the final decision.
• Key point: A standards-of-conduct recommendation becomes final when the Board adopts it after the exceptions period passes unused.

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:


  MARK WHEELER,                                        ARB CASE NO. 19-0030
  DISTRICT DIRECTOR,
  WASHINGTON DISTRICT OFFICE,                          ALJ CASE NO. 2018-SOC-00002
  OFFICE OF LABOR-MANAGEMENT
  STANDARDS, UNITED STATES                             DATE: February 14, 2019
  DEPARTMENT OF LABOR,

                  COMPLAINANT,

  v.

  AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES,
  LOCAL 3147,

                  RESPONDENT.


  BEFORE:         THE ADMINISTRATIVE REVIEW BOARD


                              FINAL DECISION AND ORDER

          On January 15, 2019, a Department of Labor Administrative Law Judge (ALJ) entered a
  Recommended Decision and Order Granting Complainant’s Motion for Entry of Default
  Judgment Against Respondent (R. D. & O.) in this case arising under Title VII of the Civil
  Service Reform Act of 1978 (CSRA), 5 U.S.C. § 7101 et seq. (1978); the Labor-Management
  Reporting and Disclosure Act (LMRDA), 29 U.S.C. §§ 401-531 (2000); and implementing
  regulations, 29 C.F.R. Parts 457-459 (Standards of Conduct) (2018).

         The applicable regulations provide that any party may file exceptions to the
  Administrative Law Judge’s recommended decision and order with the Administrative Review
  Board (the ARB or Board) within fifteen days after service of the recommended decision and





  order. 1 No party has filed exceptions to the R. D. & O. If no party files timely exceptions, the
  ARB may, at its discretion, adopt the ALJ’s recommended decision and order without
  discussion. 2 Upon notification to the parties, the ALJ’s recommended decision automatically
  becomes the ARB’s final decision. 3 This order constitutes notice to the parties that, no
  exceptions having been timely filed, the Board hereby ADOPTS the ALJ’s R. D. & O. as the
  final decision in this case.

  FOR THE ADMINISTRATIVE REVIEW BOARD:



  William T. Barto
  Chief Administrative Appeals Judge




  1
           29 C.F.R. § 458.88 (c). The regulations also provide that the ALJ will transfer the case to the
  ARB including the recommended decision and order and the record. 29 C.F.R §458.88 (b). The ARB
  received the R. D. & O. on January 16, 2019.
  2
          29 C.F.R. § 458.91(a).
  3
          Id.