Brown v. Norfolk Southern Railway Co. (agency decision, October 7, 2020)

Brown v. Norfolk Southern Railway Co. (DOL ARB 2020-0066): employee withdraws appeal

Decision type
agency decision
Dockets
ARB 2020-0066, ALJ 2018-FRS-00112
Decided
October 7, 2020
Outcome
Procedural
Precedential status
Citable agency precedent
Checked against source
2026-09-05
Official source

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This is citable agency 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 standards may have been amended, penalty amounts have been adjusted, and later agency or court decisions may have changed the analysis since then. Treat this page as historical context, not current compliance advice. Verify the current standard before relying on any specific rule, threshold, or penalty 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 Justin Brown's appeal and complaint at his request.
About this page: The plain-English summary and decision snapshot below were written by Ezel based on the official agency release. The full text is the agency's own release.
Read the official release

Plain-English summary

An ALJ denied Justin Brown's complaint against Norfolk Southern Railway on August 31, 2020. Brown's counsel later told the Board that Brown no longer wished to pursue an appeal and asked that it be dismissed. The Board granted that request and dismissed the case without reviewing the merits.

Decision snapshot

  • Cited authorities: None stated in the release.
  • Outcome: Appeal and complaint dismissed at the complainant's request.
  • Key point: The Board ended the case after Brown voluntarily stopped pursuing review of the ALJ's denial.

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:

JUSTIN BROWN ARB CASE NO. 2020-0066

          COMPLAINANT,                    ALJ CASE N0. 2018-FRS-00112

                                          DATE: October 7, 2020

    v.

NORFOLK SOUTHERN RAILWAY CO.,

          RESPONDENT.

                          ORDER OF DISMISSAL

    On October 5, 2020, the Administrative Review Board received counsel for

Complainant’s motion to dismiss Complainant’s appeal and complaint. The
Complainant states that he no longer wishes to pursue an appeal of Administrative
Law Judge John P. Sellers’ Decision and Order Denying Complaint issued August
31, 2020, and requests that his appeal be dismissed. Accordingly, this case is
DISMISSED.
2

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 Paralegal Specialists by telephone at (202) 693-6200
or by facsimile at (202) 693-6220

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