Daniel Preston v. United Airlines, Inc. (agency decision, June 28, 2022)

Plain-English summary

An ALJ denied Daniel Preston relief on his AIR21 whistleblower claim against United Airlines. Preston petitioned the Board for review, then asked to withdraw that petition before the Board decided it. The governing regulation permits a party to withdraw objections while a case is before the Board. The Board granted the request and dismissed the appeal without reviewing the ALJ's merits ruling.

Decision snapshot

• Cited authorities: 49 U.S.C. § 42121; 29 C.F.R. § 1979.111(c)
• Outcome: Petition for review withdrawn; ARB appeal dismissed.
• Key point: A party may withdraw objections while an AIR21 case is before the Board, ending the administrative appeal without a Board 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:

DANIEL PRESTON, ARB CASE NO. 2022-0034

            COMPLAINANT,                      ALJ CASE NO.         2021-AIR-00010

     v.                                       DATE: June 28, 2022

UNITED AIRLINES, INC.,

            RESPONDENT.

Appearances:

For the Complainant:
Daniel Preston; pro se; Palm Harbor, Florida

For the Respondent:
Ada W. Dolph, Esq.; Seyfarth Shaw LLP; Chicago, Illinois

Before: Susan Harthill, Chief Administrative Appeals Judge and Stephen M. Godek, Administrative Appeals Judge

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

  PER CURIAM. On March 30, 2022, a Department of Labor Administrative Law

Judge (ALJ) issued a Decision and Order Denying Relief in this case arising under the employee protection provisions of Wendell H. Ford Aviation Investment and Reform Act for the 21st Century (AIR 21), and its implementing regulations.1 On

1 49 U.S.C. § 42121, as implemented by the regulations at 29 C.F.R. Part 1979 (2021).

                                      2

April 12, 2022, Complainant filed a Petition for Review of the ALJ’s ruling with the Administrative Review Board (Board).

   On June 16, 2022, the Board received Complainant’s request to withdraw his

petition for review, dated June 14, 2022. Pursuant to AIR 21 regulations, “a party may withdraw his or her objections . . . if the case is on review, with the Board.”2 Accordingly, we GRANT Complainant’s request to withdraw the petition for review and DISMISS the appeal.

  SO ORDERED.

2 29 C.F.R. § 1979.111(c).