Decisions of the Administrative Review Board
October 2010
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Stroupe v. Branch Banking & Trust Co.
, ARB No. 10-086, ALJ No. 2008-SOX-47 (ARB Oct. 29, 2010)
Final Decision and Order Dismissing Appeal PDF | HTM
Summary : Order dismissing appeal based on withdrawal of appeal request by the Employer.
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Bohn v. JetBlue Airways Corp.
, ARB No. 10-089, ALJ No. 2009-AIR-23 (ARB Oct. 28, 2010)
Final Decision and Order Dismissing Appeal PDF | HTM
Summary : Where the Complainant failed to file a timely initial brief with the ARB, and failed to respond to the ARB's order to show cause with a timely and adequate explanation, the Board dismissed the appeal for failure to prosecute.
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Basic v. Spirit AeroSystems, Inc.
, ARB No. 09-015, ALJ No. 2008-AIR-10 (ARB Oct. 21, 2010)
Final Decision and Order PDF | HTM
Summary : Blacklisting claim was untimely where the Complainant knew, more than two years before he filed an AIR21 complaint with OSHA, that a former manager had provided information to a placement agency that resulted in a potential new employer rescinding a job offer. The fact that the Complainant did not learn of the exact wording of the statement in the placement agency's data system until later did not equitably toll the limitations period.
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Westchester-Putnam Counties Consortium for Worker Education and Training, Inc.
, ARB No. 10-081, ALJ No. 2007-WIA-7 (ARB Oct. 18, 2010)
Final Decision and Order PDF | HTM
Summary : Where the Grant Officer met his burden of production that the Complainant's records were inadequate to show that its Title I WIA grant funds were spent lawfully, and the Complainant had not met its burden of persuasion to show that the Title I WIA grant funds were nevertheless spent for lawful purposes, the ARB affirmed the ALJ's Decision and Order affirming the Grant Officer's determination to disallow administrative costs exceeding the limit set forth in the grant.
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Painters District Council No. 2
, ARB No. 10-125 (ARB Oct. 15, 2010)
Final Decision and Order Dismissing Appeal Without Prejudice PDF | HTM
Summary : The Petitioners sought review by the ARB under the Davis-Bacon Act of a response by a Regional Wage Specialist to their initial request for reconsideration of three Painter classifications. The ARB issued an order to show cause why the appeal should not be dismissed because a prerequiste to ARB's review authority over such a petition is a final decision from the Administrator as required by 29 C.F.R. § 1.9. When the Petitioners did not respond to the show cause order, the appeal was dismissed without prejudice.