Meek v. BNSF Railway Co. (agency decision, September 22, 2021)

Plain-English summary

Stephen Meek's case against BNSF Railway arose under the Federal Railroad Safety Act's employee-protection provisions. After an ALJ issued a decision, BNSF petitioned the Board for review. BNSF later moved to withdraw its petition before the ALJ decision became final. The Board granted the request and dismissed the appeal. The governing regulation provides that when the Board approves withdrawal and no other review petition remains pending, the ALJ's decision becomes the Secretary of Labor's final order. This order does not describe or reconsider the merits of the ALJ's ruling.

Decision snapshot

• Cited authorities: 49 U.S.C. § 20109; 29 C.F.R. § 1982.111(c)
• Outcome: BNSF's petition for review withdrawn and the appeal dismissed.
• Key point: An approved withdrawal ends Board review and makes the ALJ decision final when no other review 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:


  STEPHEN MEEK,                                         ARB CASE NO. 2021-0063

              COMPLAINANT,                              ALJ CASE NO. 2019-FRS-00070

        v.                                              DATE: September 22, 2021

  BNSF RAILWAY COMPANY,

               RESPONDENT.


  Appearances:

  For the Complainant:
        Carl Kessinger, Esq.; Holland Law Firm; Saint Louis, Missouri

  For the Respondent:
        Paul S. Balanon, Esq.; BNSF Railway Company; Fort Worth, Texas

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



             ORDER APPROVING WITHDRAWAL OF RESPONDENT’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 in this case arising under the employee
  protection provisions of the Federal Railroad Safety Act (FRSA).1 On August 30,

  1     49 U.S.C. § 20109, as amended by Section 1521 of the Implementing
  Recommendations of the 9/11 Commission act of 2007, Pub. Law No. 110-53; 29 C.F.R. Part
  1982.
                                          2

2021, Respondent filed a Petition for Review with the Administrative Review Board (Board) requesting a review of the ALJ’s ruling.

   On September 21, 2021, the Board received Respondent’s Motion to

Withdraw Petition for Review. Pursuant to the FRSA regulations, “a party may withdraw its 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 Respondent’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

2 29 C.F.R. §1982.111(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.”