Brown v. Detroit Public Schools (agency decision, September 30, 2020)

Plain-English summary

Katrina Brown alleged that Detroit Public Schools retaliated against her for reporting unsafe conditions and inadequate drinking water. After a hearing, an ALJ ruled for Brown and awarded damages, litigation costs, and fees. Brown petitioned the Board for review but later moved to withdraw her appeal, and the school district did not object. With no other petition pending, the Board granted withdrawal, which made the ALJ's ruling final under the governing regulation.

Decision snapshot

• Cited authorities: 42 U.S.C. § 300j-9; 29 C.F.R. § 24.111(c)
• Outcome: Withdrawal granted; ALJ decision awarding relief became the Secretary's final decision.
• Key point: When the Board grants withdrawal of the only petition for review, the ALJ's decision becomes final.

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:

  KATRINA BROWN,                                ARB CASE NO. 2020-0054

              COMPLAINANT,                      ALJ CASE NO. 2018-SDW-00002

        v.                                      DATE: September 30, 2020

  DETROIT PUBLIC SCHOOLS,

              RESPONDENT.

  Appearances:

  For the Complainant:
        Jerome D. Goldberg, Esq.; Jerome D. Goldberg, PLLC; Detroit,
        Michigan

  For the Respondent:
        Rebecca Shaw-Hicks, Esq., Theophilus E. Clemons, Esq., Phyllis
        Hurks-Hill, Esq., and Jenice C. Mitchell Ford, Esq.; Detroit Public
        Schools Community District Office of General Counsel; Detroit,
        Michigan

  BEFORE: James D. McGinley, Chief Administrative Appeals Judge, and
  Heather C. Leslie, Administrative Appeals Judge


             ORDER GRANTING MOTION TO WITHDRAW APPEAL

         PER CURIAM. The Complainant, Katrina Brown, filed a complaint under the
  employee protection provisions of the Safe Drinking Water Act (SDWA), 42 U.S.C. §
  300j-9 (1994) and the implementing regulations at Title 29, Part 24 (2019), of the
  Code of Federal Regulations. Brown alleged that Respondent, Detroit Public Schools
                                         2

Community District (DPS), violated the whistleblower protection provisions of the SDWA when DPS gave her a negative performance evaluation, failed to promote her, transferred her to another school, and took other actions against her in retaliation for reporting the unsafe condition and lack of adequate drinking water at DPS. An Administrative Law Judge (ALJ) held a hearing on the merits. On June 30, 2020, the ALJ found for Complainant and awarded Brown damages and litigation costs and fees.

   On July 14, 2020, Brown appealed the ALJ’s decision to the Administrative

Review Board (the Board). The Secretary of Labor has delegated authority to issue final agency decisions under SDWA to the Board.1

   On September 25, 2020, Brown filed a Motion to Withdraw Petition for

Review. Respondent did not object. There are no other petitions for review in this case pending before the Board. A party may withdraw a petition for review of an ALJ’s decision at any time before the Board issues a final decision in the case.2 If the Board grants a motion to withdraw, the ALJ’s decision in the case becomes the final decision of the Secretary of Labor.3

   We hereby GRANT Complainant’s Motion to Withdraw Petition for Review.4

   SO ORDERED.

1 Secretary’s Order No. 01-2020 (Delegation of Authority and Assignment of Responsibility to the Administrative Review Board (Secretary’s discretionary review of Board decisions)), 85 Fed. Reg. 13186 (Mar. 6, 2020). 2 29 C.F.R. § 24.111(c). 3 Id. 4 The Board also grants Complainant’s September 25, 2020, Motion to Dismiss its earlier and apparently incorrectly filed Motion to Dismiss filed on September 15, 2020.