January 2019
OFCCP v. Convergys Customer Management Group, Inc., ARB No. 16-013, ALJ Nos. 2015-OFC-2 through 8 (ARB Jan. 31, 2019) (Order Lifting Stay and Remanding the Case to a New Administrative Law Judge)
Casenote(s):
ARB ORDERS “LUCIA” REMAND FOR RECONSIDERATION BEFORE A NEW, PROPERLY APPOINTED ALJ OF ISSUES FOR WHICH EXCEPTIONS WERE FILED
In OFCCP v. Convergys Customer Management Group, Inc., ARB No. 16-013, ALJ Nos. 2015-OFC_2 through 8 (ARB Jan. 31, 2019), the ARB had stayed the appeal pending the U.S. Supreme Court’s decision in Lucia v. S.E.C.. The ARB noted that the Supreme Court issued its decision on June 21, 2018, Lucia v. S.E.C., 138 S.Ct. 2044 (2018), and held that “ALJs at the Securities and Exchange Cammission (SEC) are subject to the appointments clause, that the SEC judge decided Lucia’s case without a constitutional appointment, that Lucia timely objected, and that the appropriate remedy was to hold a new hearing before a different ALJ. The Court specified that a properly appointed official cannot be the same ALJ who previously decided the case because he ‘cannot be expected to consider the matter as though he had not adjudicated it before.’” Slip op. at 2 (footnote omittted). The ARB thus dismissed Convergy’s petition for review and remanded “for the appointment of an ALJ to reconsider the issues raised in Convergys’ exceptions to [the original] ALJ...’s July 31 2017 Recommended Decision and Order.” Id.
Johnson v. Grand Trunk Western Railroad Co., ARB No. 2019-0003, ALJ NO. 2018-FRS-10 (ARB Jan. 31, 2019) (Order Dismissing Complaint)
Casenote(s):
The ARB dismissed the Complainant’s administrative complaint because the Complainant filed a notice of his filing an action in the United States District Court for Eastern District of Michigan as authorized by 49 U.S.C.A. § 20109(d)(3).
In re Woods, ARB No. 18-079, ALJ No. 2017-BLA-5558 (ARB Jan. 30, 2019) (Order of Dismissal)
Casenote(s):
The ARB dismissed the case after the Complainant failed to respond to the ARB’s Order to Show Cause.
Hawkins-El v. New York Transit Authority, ARB No. 18-069, ALJ No. 2018-NTS-2 (ARB Jan. 30, 2019) (Order of Dismissal)
Casenote(s):
The ARB dismissed the case after the Complainant failed to respond to the ARB’s Order to Show Cause.