Office of Labor-Management Standards, U.S. Department of Labor v. American Federation of Government Employees, Local 3147 (Board 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.