Wright v. American Federation of Government Employees Local 2544 (agency 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.