Carlisle v JB Hunt Transportation (agency decision, October 20, 2021)

Plain-English summary

The ALJ granted JB Hunt Transportation's motion to dismiss Barbbara Carlisle's case. The Board then ordered Carlisle to explain in writing by September 27, 2021, why she objected to that ruling. She filed no response to the show-cause order. The Board therefore dismissed the appeal without addressing the underlying dispute.

Decision snapshot

• Cited authority: 29 C.F.R. § 26.1(b)
• Outcome: Appeal dismissed after no response to the Board's show-cause order.
• Key point: An appeal can be dismissed when the complainant does not respond to an order requiring a written statement of objections.

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:

 BARBBARA CARLISLE,                               ARB CASE NO. 2021-0065

              COMPLAINANT,                        ALJ CASE NO. 2021-STA-00040

       v.                                         DATE: October 20, 2021

 JB HUNT TRANSPORTATION,

              RESPONDENT.


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


                               ORDER OF DISMISSAL

        PER CURIAM. On September 13, 2021, the Board issued an Order to Show
 Cause allowing Complainant until September 27, 2021 to identify in writing why
 she is objecting to the ALJ’s July 27, 2021 Order Granting Respondent’s Motion to
 Dismiss in this case. No response to the Show Cause order has been filed.
 Accordingly, this case is DISMISSED.1

       SO ORDERED.




 1
        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)).