Ford v. Plus Way Transportation, Inc. (agency decision, November 15, 2021)

Plain-English summary

Michael Ford did not file the opening brief required by the Board's briefing schedule. The Board ordered him to explain by November 5, 2021 why his petition should not be dismissed. Ford responded on the deadline, but his filing discussed his discrimination allegations and did not explain the missing brief or give a reason to keep the appeal open. The Board therefore dismissed the petition for failure to prosecute. The order made no ruling on the substance of his allegations against Plus Way Transportation.

Decision snapshot

• Cited authority: 29 C.F.R. § 26.1(b)
• Outcome: Petition for review dismissed for failure to prosecute.
• Key point: A show-cause response must address the missed filing requirement, not merely repeat the underlying allegations.

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:

MICHAEL FORD, ARB CASE NO. 2021-0022

             COMPLAINANT,                  ALJ CASE NO. 2016-STA-00061

      v.                                   DATE: November 15, 2021

PLUS WAY TRANSPORTATION,
INC.

             RESPONDENT.

Before: James D. McGinley, Chief Administrative Appeals Judge and Thomas H. Burrell, Administrative Appeals Judge

                              ORDER OF DISMISSAL

       PER CURIAM. On October 20, 2021, the Administrative Review Board (Board)

issued an order directing Michael Ford (Complainant) to show cause, no later than November 5, 2021, as to why the Board should not dismiss his Petition for Review for failure to file an opening brief as required by the Board’s briefing schedule. On November 5, 2021, the Board received a response to the Show Cause Order. The response, however, does not provide any explanation to why the Board should not dismiss the appeal for failure to file an opening brief.1

      1      The response, which is titled “Show Cause Order,” does not address

Complainant’s failure to file a timely opening brief, but rather discusses his allegations of unlawful discrimination by Plus Way Transportation, Inc.
2

  Accordingly, we DISMISS the Petition for Review for failure to prosecute.2

  SO ORDERED.




  2      In any appeal of this Decision and Order that may be filed with the Courts of

Appeals, we note that the appropriately named party is the Secretary, Department of Labor (not the Administrative Review Board (ARB)).