Johnson v. BNSF Railway Co. (agency decision, November 6, 2020)

Plain-English summary

Robert Johnson alleged that BNSF Railway retaliated against him for reporting an injury. After OSHA issued findings, Johnson requested an ALJ hearing and the ALJ issued a decision on September 29, 2020. BNSF petitioned the Board for review, but the parties later jointly asked to withdraw that appeal. Because Board rules permit withdrawal before a final decision and no other petition remained pending, the Board granted the request.

Decision snapshot

• Cited authorities: 29 C.F.R. § 1982.111(c)
• Outcome: Stipulated withdrawal granted; no petition for review remained pending.
• Key point: A party may withdraw an FRSA petition for review before the Board issues its final decision.

Full text (DOL official public release)

                                     Administrative Review Board

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

 IN THE MATTER OF:


 ROBERT JOHNSON,                            ARB CASE NO. 2021-0004

             COMPLAINANT,                   ALJ CASE NO. 2016-FRS-00029

        v.                                  DATE: November 6, 2020

 BNSF RAILWAY COMPANY,

              RESPONDENT.


     ORDER GRANTING STIPULATED MOTION TO WITHDRAW APPEAL

        Complainant Robert Johnson filed a timely complaint with the Occupational
 Safety and Health Administration (OSHA) alleging that he was retaliated against
 by his employer, BNSF Railway Company for reporting an injury. On February 26,
 2016, OSHA issued Secretary Findings. Complainant objected and requested a
 hearing with the Office of Administrative Law Judges (ALJ). The ALJ issued a
 decision and Order on September 29, 2020.

       On October 13, 2020, BNSF Railway Company 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 FRSA to the Board.1




 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

   On October 30, 2020, the parties, Robert Johnson and BNSF Railway

Company, filed a Stipulated Motion to Withdraw BNSF’s petition for review. 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 We hereby GRANT the parties’ Stipulated Motion to Withdraw Petition for Review.

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

2
29 C.F.R. § 1982.111(c).