USDOL/OALJ Reporter
Decisions of the Administrative Review Board
February 2010

 

 

  • Carpentier v. Golden Valley Transfer, Inc. , ARB No. 08-116, ALJ No. 2008-STA-45 (ARB Feb. 26, 2010) (Final Decision and Order) PDF

     

     

    Summary :

    [STAA Digest V B 2]
    PROTECTED ACTIVITY; MEMORIALIZING SCHEDULED REPAIRS IN A VIR IS NOT PROTECTED ACTIVITY, AND DELIVERY OF VEHICLE TO REPAIR SHOP FOR SCHEDULED REPAIRS IS NOT A REFUSAL TO DRIVE

    Although completion of a vehicle inspection report (�VIR�) can constitute protected activity under the whistleblower provision of the STAA, in Carpentier v. Golden Valley Transfer, Inc. , ARB No. 08-116, ALJ No. 2008-STA-45 (ARB Feb. 26, 2010), the ARB agreed with the ALJ that the Complainant's completion of such a form was not protected activity where the matters listed on the VIR merely memorialized scheduled repairs. Moreover, merely delivering a vehicle to the repair shop for scheduled repairs does not constitute a �refusal to drive.� The ARB wrote that �[l]ogically, an employee cannot refuse to drive a vehicle that an employer has already put out of service for repairs.� USDOL/OALJ Reporter at 8.

     

     

  • Miller v. Basic Drilling Co. , ARB No. 09-055, ALJ No. 2005-STA-20 (ARB Feb. 26, 2010) (Final Order of Dismissal) PDF

     

     

    Summary :

    [STAA Digest XI B 1]
    DISMISSAL; INABILITY TO FIND A PARTY TO PROSECUTE STAA COMPLAINT ON BEHALF OF DECEASED COMPLAINANT

    In Miller v. Basic Drilling Co. , ARB No. 09-055, ALJ No. 2005-STA-20 (ARB Feb. 26, 2010), the ARB affirmed the ALJ's recommendation to dismiss the complaint where the ALJ had, with the assistance of OSHA, learned that the Complainant had died, and the ALJ and OSHA had made diligent but unsuccessful attempts to find a party to prosecute the matter on behalf of the decedent.

     

     

  • Newport v. Siemens Generation Service Co. , ARB No. 10-005, ALJ No. 2009-ERA-4 (ARB Feb. 24, 2010) (Final Decision and Order Dismissing Appeal) PDF

     

     

    Summary :

    [Nuclear and Environmental Digest IX B 2]
    ARB BRIEFING ORDER; DISMISSAL OF APPEAL BASED ON FAILURE TO SHOW GOOD CAUSE FOR FAILING TO FILE TIMELY OPENING BRIEF WHERE COMPLAINANT WAS EXPERIENCED BEFORE THE ARB AND HAD PREVIOUSLY BEEN SANCTIONED

    In Newport v. Siemens Generation Service Co. , ARB No. 10-005, ALJ No. 2009-ERA-4 (ARB Feb. 24, 2010), the ARB dismissed the Complainant's appeal of an ALJ's decision under the whistleblower provision of the ERA based on the Complainant's failure to timely submit his opening appellate brief in compliance with the ARB's briefing order. The ARB noted that the Complainant was an experienced litigator before the Board and had previously been sanctioned for failing to comply with the ARB's instructions. Moreover, the Complainant had failed, in response to the ARB's order to show cause, to demonstrate good cause for failing to file the brief timely. Moreover, the Complainant's failure to request an enlargement of time to file the brief after the Board warned him that failure to timely file the brief could lead to dismissal of the appeal, evidenced a failure to comply with the Board's briefing order in good faith.

     

     

  • Sheppard v. Del-Jen, Inc. , ARB No. 09-125, ALJ Nos. 2008-STA-19 and 24 (ARB Feb. 17, 2010) (Final Decision and Order Approving Settlement and Dismissing Complaint With Prejudice) PDF

     

     

    Summary :

    Approval of settlement agreement.

     

     

  • Adams v. Tyson Foods, Inc. , ARB No. 10-017, ALJ No. 2009-SOX-61 (ARB Feb. 16, 2010) (Final Decision and Order Granting Motion to Withdraw Complaint) PDF

     

     

    Summary :

    Appeal dismissed because Complainant filed notice of intent to bring an action in federal district court.

     

  • Andrews v. J.B. Hunt Transport Services, Inc. , ARB No. 10-040, ALJ No. 2009-STA-67 (ARB Feb. 16, 2010) (Final Decision and Order Approving Settlement and Dismissing Complaint With Prejudice) PDF

     

     

    Summary :

    Approval of settlement agreement.

     

     

  • Bureau v. J.J. Taylor Companies, Inc. , ARB No. 10-039, ALJ No. 2009-STA-17 (ARB Feb. 16, 2010) (Final Decision and Order Approving Settlement and Dismissing Complaint With Prejudice) PDF

     

     

    Summary :

    Approval of settlement agreement.

     

     

  • Ford v. U.S. Xpress Enterprises, Inc. , ARB No. 10-041, ALJ No. 2009-STA-53 (ARB Feb. 4, 2010) (Final Decision and Order Approving Settlement and Dismissing Complaint With Prejudice) PDF

     

     

    Summary :

    Approval of settlement agreement.