Terrell v. J-Max Transportation Services, Inc. (agency decision, July 23, 2021)

Plain-English summary

An ALJ granted summary decision in Aundre Terrell's Surface Transportation Assistance Act case against J-Max Transportation Services. Terrell petitioned the Administrative Review Board to review that ruling. He then moved to withdraw his petition before the ALJ decision became final. The Board granted his request and dismissed the appeal. Under the cited STAA regulation, an approved withdrawal makes the ALJ decision the Secretary of Labor's final order when no other review petition remains pending. The Board did not revisit the merits of the ALJ's ruling.

Decision snapshot

• Cited authorities: 49 U.S.C. § 31105(a); 29 C.F.R. § 1978.111(c)
• Outcome: Complainant's petition for review withdrawn and appeal dismissed.
• Key point: An approved withdrawal ends Board review and makes the ALJ decision final when no other petition remains pending.

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:


AUNDRE TERRELL,                            ARB CASE NO. 2021-0049

             COMPLAINANT,                  ALJ CASE NO. 2021-STA-00026

      v.                                   DATE: July 23, 2021

J-MAX TRANSPORTATION
SERVICES, INC.,

             RESPONDENT.


Appearances:

For the Complainant:
      Collin H. Nyeholt; Law Offices of Casey D. Conklin, PLC; Okemos,
Michigan

For the Respondent:
      Tania E. Fuller, Esq.; Fuller Law and Counseling, P.C.; Grand Rapids,
Michigan

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



           ORDER APPROVING WITHDRAWAL OF COMPLAINANT’S
             PETITION FOR REVIEW AND DISMISSING APPEAL

       PER CURIAM. On June 28, 2021, a Department of Labor Administrative Law
Judge (ALJ) issued a Decision and Order Granting Summary Decision in this case
arising under the employee protection provisions of the Surface Transportation
                                          2

Assistance Act of 1982 (“STAA” or the “Act”), and its implementing regulations.1 On July 2, 2021, Complainant filed a Petition for Review with the Administrative Review Board (Board) requesting a review of the ALJ’s ruling.

   On July 22, 2021, the Board received Complainant’s Motion to Withdraw

Petition for Review. Pursuant to the STAA regulations, “a party may withdraw a petition for review of an ALJ’s decision at any time before that decision becomes final by filing a written withdrawal with the ARB.”2 Accordingly, we GRANT Complainant’s request to withdraw the Petition for Review and DISMISS the appeal.

SO ORDERED.

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

1 49 U.S.C. § 31105(a) (2007); 29 C.F.R. Part 1978 (2020). 2 29 C.F.R. §1978.111(c). This provision further states that “[i]f the ARB approves a request to withdraw a petition for review of an ALJ decision, and there are no other pending petitions for review of that decision, the ALJ’s decision will become the final order of the Secretary.”