Yates v. Superior Air Charter LLC (agency decision, January 8, 2025)

Plain-English summary

An administrative judge awarded attorney fees to Colin Yates in his AIR21 case against Superior Air Charter, doing business as JetSuite Air. Yates petitioned the Board to review that award. He later asked to withdraw the petition and stated that the withdrawal did not result from a settlement. AIR21 regulations allow a party to withdraw objections while a case is before the Board. The Board approved the withdrawal and dismissed the appeal.

Decision snapshot

• Cited authorities: 49 U.S.C. § 42121; 29 C.F.R. § 1979.111(c)
• Outcome: Withdrawal approved; appeal from the attorney-fee award dismissed.
• Key point: A party may withdraw objections while an AIR21 case is on Board review, ending the appeal without review of the challenged award.

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:


COLIN YATES,                                  ARB CASE NO. 2025-0015

            COMPLAINANT,                      ALJ CASE NO. 2015-AIR-00028
                                              ALJ SCOTT R. MORRIS
     v.
                                              DATE: January 8, 2025
SUPERIOR AIR CHARTER LLC
d/b/a JETSUITE AIR,

            RESPONDENT.

Before WARREN, Acting Chief Administrative Appeals Judge, and THOMPSON, Administrative Appeals Judge

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

PER CURIAM:

   This case arises under the employee protection provisions of the Wendell H.

Ford Aviation Investment and Reform Act for the 21st Century (AIR 21), and its implementing regulations. 1 On November 14, 2024, a Department of Labor
0F

Administrative Law Judge (ALJ) issued a Decision and Order Awarding Attorney Fees. On November 27, 2024, Complainant filed a Petition for Review of the ALJ’s ruling with the Administrative Review Board (Board).

  On December 26, 2024, Complainant filed a request to withdraw his Petition

for Review. Complainant noted the withdrawal was not the result of a settlement.

1 49 U.S.C. § 42121, as implemented by the regulations at 29 C.F.R. Part 1979 (2024). 2

Pursuant to AIR 21 regulations, “a party may withdraw his or her objections . . . if the case is on review, with the Board.” 2
1F

  Accordingly, we GRANT Complainant’s request to withdraw the petition for

review and DISMISS the appeal.

  SO ORDERED.




                             ____________________________________
                             IVEY S. WARREN
                             Acting Chief Administrative Appeals Judge




                             ____________________________________
                             ANGELA W. THOMPSON
                             Administrative Appeals Judge

2 29 C.F.R. § 1979.111(c).