Wright v. American Federation of Government Employees Local 2544 (Board decision, March 1, 2019)

Plain-English summary

An ALJ issued a recommended decision in Robert Wright's standards-of-conduct case against American Federation of Government Employees Local 2544. The matter arose under the Civil Service Reform Act and Labor-Management Reporting and Disclosure Act. Parties had 15 days after service to file exceptions with the Board. No party did so. The Board notified the parties that it adopted the recommendation as the final agency decision, but this short order does not describe the recommendation's substantive result.

Decision snapshot

• Cited authorities: 29 C.F.R. §§ 458.88 and 458.91(a)
• Outcome: Unopposed ALJ recommended decision adopted as the final agency decision.
• Key point: When no timely exceptions are filed, the Board may adopt the ALJ's recommendation without substantive discussion.

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:

ROBERT WRIGHT,
ARB CASE NO. 2019-0034

COMPLAINANT,
ALJ CASE NO. 2017-SOC-00002

v. DATE: March 1, 2019

AMERICAN FEDERATION OF
GOVERNMENT EMPLOYEES,
(“AFGE”) LOCAL 2544,

RESPONDENT.

BEFORE: THE ADMINISTRATIVE REVIEW BOARD

FINAL DECISION AND ORDER

On September 7, 2018, a Department of Labor Administrative Law Judge (ALJ) entered a Recommended Decision and Order (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).

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

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 February 15, 2019.

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 agency decision in this case.

FOR THE ADMINISTRATIVE REVIEW BOARD:

William T. Barto
Chief Administrative Appeals Judge

2
Id. § 458.91(a).
3
Id.