Ezel / Agency Decisions / ARB 2020-0045

Towe v. Autobahn Freight Lines, Ltd. (Board decision, July 22, 2020)

Towe v. Autobahn Freight Lines, Ltd. (DOL ARB 2020-0045): late appeal dismissed

Decision type
Board decision
Dockets
ARB 2020-0045, ALJ 2019-STA-00069
Decided
July 22, 2020
Outcome
Procedural
Precedential status
Citable Board precedent
Checked against source
2026-09-05
Cited standards
29 C.F.R. § 26.1(b)
Official source
Read the official release (dol.gov)
PDF
View Official PDF

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This is citable Board precedent from 2020, and it may have been appealed since. Ezel checks how it stands today and answers your situation, with citations.

Currency note: this decision dates from 2020
The statutes and regulations the Board applies may have been amended, and later Board or court decisions may have changed the analysis since then. Treat this page as historical context, not current advice. Verify current law before relying on any specific rule mentioned here.
Final ARB decision
This decision is a final action of the Administrative Review Board under 29 C.F.R. § 26.1(b), which provides that the Board acts as fully and finally as the Secretary of Labor for matters within its authority. The Board dismissed Jackie Towe's appeal as untimely.
About this page: The plain-English summary and decision snapshot below were written by Ezel based on the official DOL ARB release. The full text is the agency's own release.
Transcribed from a scanned original: DOL ARB released this decision as an image-only file. The full text below is a machine transcription, proofread against the scan. Check the official release before quoting exact language.
Read the official release (dol.gov)

Plain-English summary

The Board ordered Jackie Towe to explain why his petition for review should not be dismissed because it was filed late. Towe did not respond to the show-cause order. The Board dismissed the appeal without addressing the merits of the underlying dispute.

Decision snapshot

  • Cited authority: 29 C.F.R. § 26.1(b)
  • Outcome: The appeal was dismissed as untimely.
  • Key point: An appellant who does not respond to an order questioning the timeliness of a petition may have the appeal dismissed.

Full text (DOL official public release)

U.S. Department of Labor
Administrative Review Board
200 Constitution Ave. NW
Washington, DC 20210-0001

IN THE MATTER OF:

JACKIE A. TOWE, ARB CASE NO. 2020-0045
COMPLAINANT, ALJ CASE NO. 2019-STA-00069
v. DATE: July 22, 2020

AUTOBAHN FREIGHT LINES, LTD,

RESPONDENT.

ORDER

On June 16, 2020, the Administrative Review Board (Board) issued an Order to Show Cause in this case requiring Complainant Towe to explain why his petition for review should not be dismissed as untimely filed. As of the date of this Order the Board has not received a response from Complainant.

Accordingly, Complainant’s appeal is DISMISSED.

FOR THE ADMINISTRATIVE REVIEW BOARD:

Aubrey Gordon
General Counsel

Note: Questions regarding any case pending before the Board should be directed to the Board’s staff. Telephone: (202) 693-6200, Facsimile: (202) 693-6220

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