DeVoe v. Premier Trucking LLC (agency decision, July 1, 2025)

Plain-English summary

Jon DeVoe sought review of the denial of his STAA complaint against Premier Trucking. The Board granted part of his requested extension but closed the matter when he missed the resulting June 9, 2025 deadline. DeVoe then submitted his petition and explained that he had not received the extension order, believed he had until June 23, and could use library computers only on weekends. Although its records showed service of the extension order, the Board accepted his explanation under the particular circumstances. It granted reconsideration, vacated the closure, accepted the appeal, and established briefing and filing requirements. The retaliation claim remains unresolved by this order.

Decision snapshot

• Cited authorities: 49 U.S.C. § 31105(a); 29 C.F.R. § 1978.110(a); 29 C.F.R. § 26.3(a)(4)
• Outcome: Reconsideration granted; administrative closure vacated; appeal accepted for briefing.
• Key point: The Board treated its usual reconsideration grounds as nonexclusive and reopened this appeal on the specific explanation presented.

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:


JON DeVOE,                                      ARB CASE NO. 2025-0056

              COMPLAINANT,                      ALJ CASE NO. 2024-STA-00090
                                                ALJ WILLIAM P. FARLEY
       v.
                                                DATE: July 1, 2025
PREMIER TRUCKING LLC,

              RESPONDENT.

Before JOHNSON, Chief Administrative Appeals Judge, and THOMPSON, Administrative Appeals Judge

  ORDER GRANTING RECONSIDERATION, VACATING ORDER OF
ADMINISTRATIVE CLOSURE, AND NOTICE OF APPEAL ACCEPTANCE
                  AND BRIEFING ORDER

  This case arises under the Surface Transportation Assistance Act of 1982

(STAA), as amended.1 Complainant Jon DeVoe filed a complaint against Respondent Premier Trucking, LLC alleging Respondent violated the employee protection provisions of STAA. On April 24, 2025, a United States Department of Labor Administrative Law Judge (ALJ) issued a Decision and Order Denying Complaint (D. & O.). On May 5, 2025, Complainant filed a document, “Motion for more time to appeal” (Motion for Extension).

   Any party seeking review of an ALJ decision “must file a written petition for

review with the” Administrative Review Board (ARB or Board) “within 14 days of the date of the decision of the ALJ.”2 Accordingly, Complainant had until May 8, 2025, to file a timely petition for review with the ARB. In his Motion for Extension,

1 49 U.S.C. § 31105(a), as implemented by the regulations at 29 C.F.R. Part 1978 (2024). 2 29 C.F.R. § 1978.110(a). 2

Complainant requested an extension of time of sixty days to file a petition for review of the D. & O., noting that he could only work on it on the weekends.3

    On May 9, 2025, the ARB issued an Order Granting Complainant’s Motion

for Extension in Part (Extension Order), allowing Complainant until June 9, 2025 to file a petition for review. However, the ARB cautioned that “[n]o further requests for an extension of time will be granted, and that this matter may be administratively closed without further notice if Complainant does not file a Petition for Review by the deadline.”4

  Complainant did not file a petition for review by June 9, 2025, as required by

the ARB’s Extension Order. Given Complainant’s failure to comply with the ARB’s extension order and the requirement to file a petition for review under 29 C.F.R. § 1978.110(a), the Board administratively closed this matter on June 17, 2025.

   On June 22, 2025, Complainant filed a motion for reconsideration and a

petition for review. Complainant explained that he did not receive the ARB’s Extension Order and believed that he had until June 23, 2025 to file his petition for review. He further explained that he needed sixty days because he does not have a computer and uses computers at a library, which he can only do on weekends due to his work schedule. He requests that the Board accept his petition for review and reconsider its decision dismissing his complaint.

   The Board will reconsider a decision and order in certain circumstances.

These circumstances include whether the movant has demonstrated: (i) material differences in fact or law from those presented to the Board of which the moving party could not have known through reasonable diligence, (ii) new material facts that occurred after the Board’s decision, (iii) a change in the law after the Board’s decision, or (iv) failure to consider material facts presented to the Board before its decision.5 However, the Board has repeatedly stated that these circumstances are not exclusive, and a complainant’s inability to satisfy one is not necessarily fatal to a reconsideration motion.6

3 Motion for Extension at 1.
4 Extension Order at 1.
5 Trivedi v. Gen. Elec., ARB No. 2022-0026, ALJ No. 2022-SOX-00005, slip op. at 2-3 (ARB Oct. 28, 2022) (Order Denying Reconsideration) (citing Klein v. Bank of Am., ARB No. 2022-0016, ALJ No. 2020-SOX-00039, slip op. at 2-3) (ARB May 19, 2022) (Order Denying Reconsideration)). 6 McDowell v. Eagle Intermodal, Inc., ARB No. 2022-0046, ALJ No. 2020-STA-00054, slip op. at 3 (ARB Feb. 14, 2023) (citing Fernandez v. SAP Am. Inc., ARB No. 2022-0033, ALJ No. 2022-LCA-00005, slip op. at 2 (ARB July 5, 2022) (Order Denying Reconsideration)). 3

  The particular circumstances presented in this case justify granting

reconsideration. Although the Board’s records indicate that Complainant was served with the Extension Order, the Board accepts Complainant’s explanation and accepts his petition for review.

   Accordingly, we GRANT Complainant’s request for reconsideration,

VACATE our Order of Administrative Closure, ACCEPT Complainant’s petition for review, and establish the Briefing Order as set forth below. To ensure compliance with future deadlines and orders, Complainant is directed to familiarize himself with the ARB’s Rules of Practice and Procedure, 29 C.F.R. Part 26, available at https://www.dol.gov/agencies/arb/resources/rules. Complainant’s failure to comply with the Board’s Rules in the future may result in sanctions, including dismissal of his appeal.

                               BRIEFING ORDER

  Please read this document carefully and in its entirety. It contains

important information about this appeal, including when and how to file with the Board, briefing requirements, and other important information. Failure to follow this Order may result in sanctions, including dismissal of this appeal.

1. ACCEPTANCE OF APPEAL. The Board has accepted this matter for review
   and assigned it the ARB Case Number noted above. All future filings related
   to this matter must include this case name and ARB Case Number.

2. ARB RULES OF PRACTICE AND PROCEDURE. All filers are required to
   comply with the Board’s rules of practice and procedure found in 29 C.F.R. Part
   26, which can be accessed at https://www.ecfr.gov/current/title-29/subtitle-
   A/part-26.

3. ELECTRONIC FILING AND SERVICE

   A. Use of the EFS System

        The Board’s Electronic Filing and Service (EFS) system allows parties
        to initiate appeals electronically, file briefs and motions electronically,
        receive electronic service of Board issuances and documents filed by
        other parties, and check the status of appeals via an Internet-accessible
        interface. Use of the EFS system is free of charge to all users. To use the
        EFS system, go to https://efile.dol.gov.
   
        •   Attorneys and Lay Representatives: Use of the EFS system is
            mandatory for all attorneys and lay representatives for all
            filings and service related to cases filed with the Board, absent an
   

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   exemption granted in advance for good cause shown pursuant to 29
   C.F.R. § 26.3(a)(1), (2).

• Self-Represented Parties: Use of the EFS system is strongly
encouraged for all self-represented parties for all filings and
service related to cases filed with the Board. The EFS system spares
litigants service-related time and expense by completing all required
service upon all other parties to the case (once all parties are
registered users in the system).

Without the use of the EFS system, parties must file documents with
the Board and take the additional step of serving duplicate paper
copies of all filings on every other party.

Self-represented parties who choose not to use the EFS system must
file all pleadings, including briefs, appendices, motions, and other
supporting documentation, by mail or by personal or commercial
delivery. Email filings will not be accepted, absent extraordinary
circumstances. Filings sent via mail or delivery must be paper
documents—no electronic disks or flash drives will be accepted.
Mailings and other delivery should be directed to:

      Administrative Review Board
      Clerk of the Appellate Boards
      U.S. Department of Labor
      200 Constitution Avenue, N.W. Room S-5220
      Washington, D.C. 20210

Please note that the Board’s rules at 29 C.F.R. § 26.3(a)(4) specify
that “[u]nless a different time is set by statute, regulation, executive
order, or judge’s order, a document is considered filed when received
by the Clerk of the Appellate Boards.” This means that unless
otherwise set by law, under the Board’s regulations, a mailed
document is filed upon receipt of the document by the Clerk’s office
(not as of the mailing or postmark date).

In contrast, documents filed through the EFS system are received as
of the date and time recorded by the system, and, per 29 C.F.R. §
26.2(b)(2)(i), are timely as long as they are received at or before
11:59:59 Eastern time on the due date (i.e., the last minute and
second of the day it is due).

The filing party must also serve all other parties to the case by a
method of service authorized under applicable law or rule.

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 •   Non-Party Participants: Amici or other non-party participants in
     a case filed before the Board, if represented by counsel or a lay
     representative, are required to use the EFS system for all filing and
     service.

B. EFS Registration and Duty to Designate E-mail Address for
Service

 To use the Board’s EFS system, a user must have a validated user
 account with Login.gov. To begin, go to https://efile.dol.gov, select the
 button to “Create Account,” and proceed through the registration
 process. If the user already has an account, they may simply use the
 option to “Sign In.” Once signed in, select “eFile & EServe with the
 Administrative Review Board (ARB),” and then select “Access Appeals.”

 In order for any other user (other than the EFS user who filed the
 appeal) to access the appeal, the user must first create an account
 following the steps above, then select “Request Access to Appeals,”
 search for and select the appeal the user is requesting access to, answer
 the questions as prompted, and click the button “Submit to DOL.”

 Information regarding use of the EFS system, as well as a step-by-step
 User Guide, answers to frequently asked questions (FAQs), video
 tutorials, and contact information for login.gov and EFS support can be
 found under the “Support” tab at https://efile.dol.gov.

C. Effective Time of Filings

 Any electronic filing transmitted to the Board through the EFS e-File
 system by 11:59:59 Eastern Time shall be deemed to be filed on the
 date of transmission. A document filed by means other than EFS is
 considered filed when received by the Clerk of the Appellate Boards,
 unless a different time is set by statute, regulation, executive order, or
 judge’s order. 29 C.F.R. § 26.3(a)(4).

D. Service of Filings

 •   Service on Registered EFS Users: Service upon registered EFS
     users is accomplished by the EFS system.

 •   Service on Other Parties or Participants: Service upon a party
     that is not a registered EFS user must be accomplished through any
     other method of service authorized under applicable rule or law.

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 E.   Proof of Service

      Every party is required to prepare and file a certificate of service with
      all filings. The certificate of service must identify what was served, upon
      whom it was served, and in what manner it was served.
          • Service on EFS-registered parties: each EFS filing submitted and
              served on EFS-registered parties must include a certificate of
              service which indicates that service was accomplished via EFS
              with the date of service.
          • Non EFS-registered parties must be served using other
              means authorized by law or rule.

4. BRIEFING REQUIREMENTS

   A. Briefing Schedule

     •   Opening Brief: Within 28 calendar days of the date of this Order,
         the petitioner (the party who filed the appeal) must file with the
         Board a supporting legal brief of points and authorities. The Opening
         Brief may not exceed 30 double-spaced pages.
   
     •   Response Brief: Within 28 calendar days from the date of service
         of the petitioner’s Opening Brief, the opposing party may file with
         the Board a Response Brief in opposition to the Opening Brief. The
         Response Brief may not exceed 30 double-spaced pages.
   
     •   Reply Brief: Within 14 calendar days from the date of service of a
         Response Brief, the petitioner may file with the Board a Reply Brief.
         The Reply Brief may not exceed 15 double-spaced pages.
   
     No additional briefs may be filed without the prior written permission
     of the Board, issued by Order.
   

   B. Motions and Responses

     •   Motions: All motions and other requests for action by the Board
         including, but not limited to, requests for extensions of time or to
         exceed page limitations, shall be in the form of a motion. Motions
         may not exceed 20 double-spaced pages.
   
         Before filing any motion or other request for non-dispositive action
         or relief with the Board, including any request for an extension of
         time, the moving party must make a good faith effort to confer with
         all other parties to ascertain whether they consent to the action or
   

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    relief sought. The moving party must state in its motion whether
    the other parties’ consent to the action or relief sought or, if no
    conference occurred, the efforts the moving party made to confer
    with the other parties. Any motion for non-dispositive action or
    relief that fails to include this information may be summarily
    denied.
   

   • Response to motions: Any party may file a response to a motion.
   Responses to motions may be filed within 10 calendar days after
   service of the motion unless the Board shortens or extends the time.
   However, nothing in this order limits the Board from granting or
   denying a motion before the expiration of this time period.
   Responses may not exceed 20 double-spaced pages.

   • Replies to Responses: Any movant may file a reply to a response.
   A reply must not present matters that do not relate to the response.
   Any reply to a response must be filed within 7 calendar days after
   service of the response. Responses may not exceed 10 double-spaced
   pages.

C. Settlements

 Several of the Board’s program regulations provide that settlements
 must be approved by the Board. Requests for Board approval of a
 settlement must be made by motion to the Board. For regulations
 requiring Board approval of settlements, parties must submit a fully
 executed and dated copy of the settlement agreement to the Board with
 its motion to dismiss based on settlement. Any motion that fails to
 comply with these requirements may be summarily denied.

D. Withdrawals

 Several of the Board’s program regulations provide for withdrawal of
 an appeal. Requests to withdraw an appeal must be made by motion to
 the Board. If you are requesting to withdraw an appeal under a program
 regulation requiring the Board to approve of settlement agreements, you
 must certify that the withdrawal is not based on a settlement. Any
 motion that fails to comply with these requirements may be summarily
 denied.

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   E.     Appendix and Exhibit Filings From the Record 7

          To consider the appeal, the Board will obtain the entire record. Parties
          may not file the entire record or large portions of the record
          (such as transcripts) as an appendix or exhibit. Any filed appendix shall
          consist only of well-labeled excerpts from the record that are directly
          cited in the brief, motion, or other filing accompanying the appendix.
          The Board specifies that these excerpts should be pages directly cited in
          the brief, rather than entire documents and the brief should directly
          state where they are located in the record. Further, the appendix should
          be filed either 1) as an attachment in the same pdf document as the brief,
          or 2) in one pdf document with all of the exhibits together in one
          document. Appendices should be submitted at the same time a party
          files its accompanying filing.

        F. New Evidence

          The Board generally does not consider materials presented for the first
          time on appeal. Therefore, parties may not file, or include in an
          appendix, any evidence not already contained in the record, without
          prior written permission granted by Board order.

          Parties seeking to file new evidence must file a motion with the Board
          with supporting argument. When considering whether to
          allow new evidence on appeal, the Board relies on the standard
          contained in the Office of Administrative Law Judges Rules at 29 C.F.R.
          § 18.90(b)(1): “[n]o additional evidence may be admitted unless the
          offering party shows that new and material evidence has become
          available that could not have been discovered with reasonable diligence
          before the record closed.” The Board grants such requests only in limited
          circumstances. To satisfy this standard, the moving party typically must
          show that (1) the evidence was discovered after trial; (2) due diligence
          was exercised to discover the evidence; (3) the evidence is material and
          not merely cumulative or impeaching; and (4) the evidence is such that
          a new trial would probably produce a different result.

          The Board retains the authority to reject any appendix or exhibit filings
          that do not meet these requirements.

7 An appendix is a document or documents attached to the end of a filing, which can be made up of exhibits. Exhibits, in the context of filings with the Board, are documents attached to briefs, motions, or other filings. 9

 G.    Page Limitations

       The page limitations set forth in this Order do not include cover pages,
       tables of contents, tables of citations, signature blocks, or certificates of
       service. A motion to exceed an identified page limitation must specify
       how many additional pages are being requested and why additional
       pages are required.

       If a brief or motion is filed without approval that exceeds the stated page
       limitations, the Board may, with or without notice: (1) refuse to accept
       the filing; (2) strike the filing with leave to refile a compliant filing
       within a specified time; (3) disregard the pages of the filing that exceed
       the page limitation; or (4) issue any other appropriate order, including
       the issuance of sanctions.

 H.    Required Format: All pleadings, briefs, and motions must comply
       with the following requirements:

        •   12-point, 10 character-per-inch type or larger font
        •   Double-spaced
        •   Minimum of one-inch margins
        •   Printable on 8.5- by 11-inch paper

5. INQUIRIES AND CORRESPONDENCE: For efiling assistance, inquiries
   must be made while logged into the system by using the eFile and eServe Help
   Request Form at https://efile.dol.gov/contact. All other inquiries and
   correspondence related to filings should be directed to the Office of the Clerk
   of the Appellate Boards by email to [email protected] or by fax at
   202-513-6832. If you still have questions after reviewing the above, inquiries
   or questions may be directed to the Board by telephone at (202) 693-6200
   (please leave a voicemail message and every effort will be made to return your
   call as soon as feasible).

   SO ORDERED.

                           RANDEL K. JOHNSON
                           Chief Administrative Appeals Judge
   
                           ANGELA W. THOMPSON
                           Administrative Appeals Judge