Schweyer v. Bank of America Corp. (Board 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