Baldonick Fernandez v. SAP America, Inc. (agency decision, June 10, 2022)

Plain-English summary

The Board ordered Baldonick Fernandez to explain why his appeal should not be dismissed after he missed the opening-brief deadline. It gave him until May 27, 2022 to respond to the show-cause order. Fernandez filed neither the response nor the required brief. The Board dismissed the appeal without reviewing the underlying H-1B dispute, and it later denied his request to reconsider that dismissal.

Decision snapshot

• Cited authority: 29 C.F.R. § 26.1(b)
• Outcome: Appeal dismissed for failure to file an opening brief or respond to the show-cause order; reconsideration later denied.
• Key point: Ignoring both a briefing schedule and a direct show-cause order can end an administrative appeal without a merits ruling.

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:

BALDONICK FERNANDEZ, ARB CASE NO. 2022-0033

           COMPLAINANT,                     ALJ CASE NO.        2022-LCA-00005

     v.                                     DATE: June 10, 2022

SAP AMERICA, INC.,

           RESPONDENT.

Before: Thomas H. Burrell and Tammy L. Pust, Administrative Appeal Judges

                           ORDER OF DISMISSAL

   PER CURIAM. On May 13, 2022, the Administrative Review Board (ARB or the

Board) issued an order directing Baldonick Fernandez (Complainant) to show cause, no later than May 27, 2022, 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. No response to the Order to Show Cause has been filed, and no brief has been received from Complainant as provided by the briefing schedule. Accordingly, the case is DISMISSED.1

     SO ORDERED.

1 In any appeal of this Decision and Order that may be filed, we note that the appropriately named party is the Secretary, Department of Labor (not the Administrative Review Board).