Schweyer v. Bank of America Corp. (agency decision, October 22, 2024)

Plain-English summary

An administrative judge dismissed Kristina Schweyer's complaint against Bank of America, Aflac, and Meta Platforms under several federal whistleblower laws. Schweyer sent the Board the dismissal order and other materials, but none constituted a petition for review. The Board gave her until October 14, 2024 to submit a compliant petition and warned that failure to do so would result in administrative closure. After reviewing further submissions and finding no petition for review, the Board closed the matter without examining the merits of the dismissal.

Decision snapshot

• Cited authorities: 18 U.S.C. § 1514A; 12 U.S.C. § 5567; 31 U.S.C. § 5323(g); 15 U.S.C. § 7a-3
• Outcome: Matter administratively closed after no petition for review was filed.
• Key point: Sending unrelated documents does not substitute for a petition for review that complies with the Board's order and applicable regulations.

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:


KRISTINA SCHWEYER,                        ARB CASE NO. 2024-0065

              COMPLAINANT,                ALJ CASE NO. 2024-SOX-00018
                                          CHIEF ALJ STEPHEN R. HENLEY
         v.
                                          DATE: October 22, 2024
BANK OF AMERICA CORP.,
AFLAC INC., AND META
PLATFORMS, INC.,

              RESPONDENTS.

Before HARTHILL, Chief Administrative Appeals Judge, and ROLFE,
Administrative Appeals Judge


                    ORDER OF ADMINISTRATIVE CLOSURE

PER CURIAM:

      This proceeding arises under the Sarbanes-Oxley Act, as amended, the
Consumer Financial Protection Act, the Anti-Money Laundering Act, and the
Criminal Antitrust Anti-Retaliation Act, and their implementing regulations. 1 On0F




September 9, 2024, a United States Department of Labor Administrative Law
Judge issued a Decision and Order Dismissing Complaint (D. & O.).

       On September 15, 2024, Complainant filed a copy of the D. & O. through the
Board’s Electronic Filing and Service (EFS) system, and uploaded an email
notification that the Office of Administrative Law Judges (OALJ) had received
Complainant’s Motion for Reconsideration. However, OALJ did not docket a motion
for reconsideration in this case. On September 29, 2024, Complainant filed with the
Board a document titled “Motion Foran [sic] Ex Parte,” which appears to be a copy

1      18 U.S.C. § 1514A (Sarbanes-Oxley Act), as implemented by 29 C.F.R. Part 1980; 12
U.S.C. § 5567 (Consumer Financial Protection Act), as implemented by 29 C.F.R. Part 1985;
31 U.S.C. 5323(g) (the Anti-Money Laundering Act); 15 U.S.C. § 7a-3 (the Criminal
Antitrust and Anti-Retaliation Act), as implemented by 29 C.F.R. Part 1991.
                                              2


of a document filed in a different proceeding in the Harris County 334th Civil
District Court in Harris County, Texas.

       On September 30, 2024, the Board issued an order (Order) directing
Complainant to file a petition for review in accordance with applicable regulations
on or before October 14, 2024. 2 The Board assigned the matter ARB Case Number
                                 1F




2024-0065 for administrative purposes. The Order advised Complainant that
failure to file a petition for review would result in the Board issuing an order
administratively closing this matter.

      Complainant has not filed a petition for review as ordered. On October 2,
2024, Complainant submitted a filing through the EFS system that consists of forty
pages of documents which appear to relate to Complainant’s separate proceeding in
Harris County, Texas, and other documents that do not constitute a petition for
review under the applicable regulations. On October 9, 2024, Schweyer emailed to
the Board what appears to be a forwarded confirmation of receipt email from the
U.S. Securities and Exchange Commission with an attachment consisting of a
complaint directed to the Office of Special Counsel. Upon review of these
submissions, the Board concludes that Complainant has failed to file a petition for
review of the ALJ’s D. & O. Given Complainant’s failure to comply with the Board’s
Order, we hereby order that this matter be administratively closed. 3     2F




       SO ORDERED.



                                           ____________________________________
                                           SUSAN HARTHILL
                                           Chief Administrative Appeals Judge


                                           ____________________________________
                                           JONATHAN ROLFE
                                           Administrative Appeals Judge




2     Order at 2 (ordering that a petition for review be filed within 14 days of the Board’s
September 30, 2024 Order).
3      See Adm’r, Wage & Hour Div., U.S. Dep’t of Lab. v. L’uomo Creative Servs., LLC,
ARB No 2024-0062, ALJ No. 2021-SCA-00005, slip op. at 2 (ARB Sept. 27, 2024) (Notice of
Administrative Closure) (administratively closing case because the complainant’s filing did
not constitute a petition for review and complainant failed to respond to the Board’s order
directing complainant to file a compliant petition).
                                      CERTIFICATE OF SERVICE



ARB-2024-0065 Kristina Schweyer v. Aflac Incorporated and Bank of American Corporation and Meta
Platforms (Case No: 2024-SOX-00018)


I certify that the parties below were served this day.




         10/22/2024
     (DATE)                                                        Thomas O. Shepherd, Jr., Esq.
                                                                  Clerk of the Appellate Boards


Alexandra Garrison Barnett                               Stephen Russell Henley
1201 West Peachtree Street                               800 K St, NW
Atlanta, GA 30309-3424                                   Fifth Floor
        --Electronic                                     Washington, DC 20001
                                                                --Electronic

Alexandria Isom
1201 West Peachtree Street NE                            Ted McKenna, Esq.
Atlanta, GA 30309                                        1932 Wynnton Road
        --Electronic                                     Columbus, GA 31999

Arthur Rooney
110 North Wacker                                         Ted Solley
Suite 3400                                               691 John Wesley Dobbs Ave NE
Chicago, IL 60606                                        Suite D-212
        --Electronic                                     Atlanta, GA 30312
                                                                --Electronic

Brian Kennedy, Esq.
Meta Platforms                                           Associate Solicitor
1 Meta Way                                               Division of Fair Labor Standards
Menlo, CA 94025                                          U.S. Department of Labor
                                                         Room N2716, FPB
                                                         200 Constitution Ave., N.W.
                                                         Washington, DC 20210
Kristina Schweyer
1910 Shadow Bend Drive
Sugarland, TX 77479
        --Electronic


Robert Cooper, Esq.
1932 Wynnton Road
Columbus, GA 31999
Assistant Secretary, Occupational Safety and Health
Administration (OSHA)
U.S. Department of Labor
200 Constitution Ave, NW
Room: S-2315
Washington, DC 20210
        --Electronic


Office of the Solicitor, Division of Fair Labor
Standards
200 Constitution Ave, NW
Room N-2716
Washington, DC 20210
        --Electronic


U.S. Department of Labor, Office of Administrative
Law Judges
200 Constitution Avenue, N.W.
Room S-4325
Washington, DC 20210
        --Electronic