Other Fields
Agency Scheme: 
LABROALJ0001
Level: 
Appeal Level One
ADJUDICATION STRUCTURE
Appeals: Basic Structure
Appeal Office (local name): 
Administrative Review Board (ARB)
Appeal Office (global name): 
Department of Labor: Administrative Review Board (ARB)
Appeal Officer #1 (Title): 
ARB Board Member/Administrative Appeals Judge
Are administrative appeals permitted from final decisions issued by this appellate office?: 
No
Comments/Notes on Adjudication Structure: 
The Administrative Review Board (ARB) issues final agency decisions for the Secretary of Labor in cases arising under a wide range of worker protection laws, primarily involving environmental, transportation, and securities whistleblower protection; H-1B immigration provisions; child labor; employment discrimination; job training; seasonal and migrant workers; and federal construction and service contracts. The Board’s cases arise upon appeal from decisions of Department of Labor Administrative Law Judges or the Administrator of the Department’s Wage and Hour Division (or the Administrator's authorized representative). See: Secretary's Order 02-2012, Delegation of Authority and Assignment of Responsibility to the ARB, 77 Fed. Reg. 69378 (Nov. 16, 2012). The Fall 2014 Unified Regulatory Agenda reported, under RIN 1290-AA28, that the Department of Labor will propose regulations to establish procedures for appeals before the Administrative Review Board. No further information has been published as of November 25, 2014.
PROCESS & PROCEDURE - General Information
Which party (or parties) is/are permitted to file appeals with this office?: 
Either
Are private parties permitted to have representation at appeal hearings?: 
Yes (All Types of Cases)
Who may serve as a private party representative?: 
Either
About what percentage of private parties were represented at hearings (FY2013)?: 
45.00%
Is the agency permitted to have representation at appeal hearings?: 
Yes (All Types of Cases)
Who may serve as an agency representative?: 
Either
Are ex parte contacts prohibited?: 
Yes (All Types of Cases)
Regulations/rules of practice for appeal hearings (please include CFR citations): 
29 CFR Part 7; Part 8; 24.110; 1978.110, 1979.110; 1980.110; 1981.110; 1982.110; 1983.110; 1984.110; 1985.110; 1986.110; 1987.110, 458.91
Other published guidance for appeal hearings (if any): 
29 CFR Part 2 (general authority for final agency decisions in § 2.8; authorization of audiovisual coverage in § 2.12).
PROCESS & PROCEDURE - Hearing Procedure
What types of hearings are permitted on appeals adjudicated by this office?: 
Written (Document-Only) Hearing
In-Person
Please provide the approximate percentage of each type of hearing relative to the total number of appeal hearings (FY2013)
Written (Document-Only) Hearing: 
98%
In-Person: 
2%
How is the type of hearing selected for appeals heard by this office?: 
By Agency
If "Depends on Nature of Case/Claim", please describe: 
In its discretion, the Board, or a single presiding member, may permit oral argument in any proceeding. A petitioner may also request oral argument. See 29 CFR §§ 7.14 and 8.16. This applies only to hearings under the DBA and SCA. Any party may request oral argument. A majority of the panel may grant oral argument.
How many appeal officers preside at each hearing?: 
Varies by Case
If "Varies by Case," please describe: 
The ARB has five members. Decisions under 29 CFR Part 7 (federal and federally assisted construction contracts) and 29 CFR Part 8 (federal service contracts) are by majority vote (29 CFR §§ 7.8 and 8.17). Cases involving federal service contracts may have a single Board member hear the case. The Board determines whether decision should be made by a single member or majority vote (29 CFR § 8.17(b)). ARB decisions in other types of cases are usually heard by panels of two or three Members, unless the Chair specifically directs that an appeal or review will be decided by the full Board (Secretary's Order 02-2012, Delegation of Authority and Assignment of Responsibility to the ARB, 77 Fed. Reg. 69378, Nov. 16, 2012).
Is factual development permitted at the appellate hearing as a means of supplementing the record from below?: 
No
Can third-parties submit amicus briefs and/or evidence?: 
Adjudication Officer Discretion
Are appeal hearings recorded and/or transcribed?: 
Yes
N/A (Document-Only Hearings)
Are appeal hearings open to the public?: 
Varies by Case
If "Varies by Case," please describe: 
In-person hearings are always open. This question is not applicable to document-only hearings.
PROCESS & PROCEDURE - Post-Hearing Procedure
Who typically drafts final decisions on appellate cases adjudicated by this office?: 
Adjudication Officer
Staff Attorney
Other
If "Other/Varies by Case," please describe: 
General Counsel may also draft final decisions.
Who has authority to issue final decisions on appellate cases adjudicated by this office?: 
Other
If "Other/Varies by Case," please specify: 
Final decisions are issued by the Board.
Do agency regulations or guidance provide time limits for issuance of final decisions on appellate cases?: 
Yes (Some Types of Cases)
If "Yes," please specify these time limit(s): 
No time limits under 29 CFR Parts 7 and 8. 90 days under 29 CFR Parts 24, 501, and 1981. 120 days under 29 CFR Parts 1978, 1979, 1980, 1982, 1983, 1984, and 1986. *Note: This is an incomplete list. Unless the decision below becomes the final decision of the Secretary at the expiration of a time limit, the Board considers the limits to be directory, rather than mandatory.
About how long does it take on average—as of FY2013—to adjudicate appeals by this office?: 
365 Days
Is judicial review available after issuance of a final decision on appellate cases adjudicated by this office?: 
Yes (Some Types of Cases)
If "Yes (Some Types of Cases)," please describe types of decisions/cases that are judicially reviewable: 
Some Davis-Bacon Act and Service Contract Act cases are not subject to review.
PROCESS & PROCEDURE - Case Management
How are claims/cases processed at this appellate office?: 
Other
Please briefly describe your case management practice(s) at this office: 
Generally on a first-in/first-out basis, but exceptions are made for administrative efficiency, remanded cases, interlocutory appeals, and for cases that warrant expedition.
Does the agency permit web-based electronic filing of briefs or other documents in cases adjudicated by this appellate office?: 
Yes
Are final decisions issued by this appellate office published and/or posted on the agency website?: 
Yes (All Decisions)
If "Yes (Some Decisions)," how does the agency determine which final decisions to publish/post? Please briefly describe: 
http://www.oalj.dol.gov/PUBLIC/ARB/REFERENCES/CASELISTS/ARBINDEX.HTM
Do agency regulations/rules of practice specify the contents of the administrative record on appeals heard by this office?: 
Yes (Some Types of Cases)
If "Yes," please provide citation(s): 
29 CFR §§ 7.6, 8.8, 18.52, 18.54, 18.55 *Note: This list is incomplete.
Do agency regulations/rules of practice provide for closure of the record on appeals heard by this office?: 
No
PROCESS & PROCEDURE
Comments/Notes on Appellate Process & Procedures (Optional): 
In addition to receiving appeals from decisions of ALJs under a wide variety of worker protection laws, the ARB has authority to review final decisions of the Administrator of the Department’s Wage and Hour Division under certain statutes, including: the Davis-Bacon Act, as amended, 40 U.S.C. 276a - 276a-7; the Contract Work Hours and Safety Standards Act, 40 U.S.C. 327 et seq.; the Copeland Act, 40 U.S.C. 276c; and the McNamara-O’Hara Service Contract Act, as amended, 41 U.S.C. 351 et seq. Where there are no relevant facts at issue and a hearing is not requested, a contractor may request review of the Administrator's investigative findings by the ARB (see 29 CFR § 5.11). Regulations: Construction contracts (29 CFR Part 7); federal service contracts (29 CFR Part 8); whistleblower retaliation (29 CFR 29 CFR § 24.110; 29 CFR §§ 1978.110, 1979.110, 1980.110, 1981.110, 1982.110, 1983.110, 1984.110, 1985.110, 1986.110, 1987.110, 458.91 ). * Note: This is an incomplete list.
ADJUDICATORS
Total # of Appeal Officers: 
5
ADR: General Information
Is ADR available at one or more points for appellate cases heard by this office?: 
Yes
If "Yes," when is ADR available?: 
Before Claim/Case Filed
Pre-Hearing
Is ADR a mandatory or voluntary process?: 
Voluntary
What type(s) of ADR are available?: 
Settlement Conference
Who conducts the ADR?: 
Other
If "Other," please specify:: 
Department of Labor Administrative Law Judge not previously associated with the case.
Regulations/rules of practice governing ADR process (please include CFR citations): 
29 C.F.R. 18.9
ADR – Summary Statistics
Comments/Notes on ADR Statistics (Optional): 
No cases during FY 2013.
CASELOAD STATISTICS - Summary Statistics
Total # Cases Filed/Opened (FY2013): 
106
Total # Cases Decided/Closed (FY2013): 
110
Total # Cases Pending (End of FY2013): 
108
CASELOAD STATISTICS - Supplementary Statistics
Does your agency maintain annual caseload statistics for this hearing office by case type (e.g., discrimination complaint, licen: 
No
WRAP-UP
Do you have any additional comments about your agency's responses on this form? If so, please provide comments below.: 
As indicated on the form, the answers that were pre-filled are mostly correct, but significantly incomplete. For example, on the current ARB docket there 5 cases arising under under the H-1B provisions of the Immigration and Nationality Act, 8 U.S.C.A. §§ 1101-1537 (Thomson Reuters 2014), as implemented by 20 C.F.R. Part 655, Subparts H and I (2014), but the procedural regulations applicable to these cases are not listed on the form. Furthermore, while the Board does not often receive cases under many of the statutes and regulations listed in the Secretary's current delegation of authority, in addition to the DBA, SCA, and whistleblower statutes, it does routinely receive cases under, the WIA grant programs (which have a mandatory deadline for decisions), the H-2A temporary agricultural employment program of the Immigration and Nationality Act (INA), as amended, 8 U.S.C.A. §§ 1101(a)(15)(H)(ii)(a), 1188 (Thomson/West 2005 & Thomson Reuters Supp. 2013), as implemented by 20 C.F.R. Part 655 (2013); the Migrant and Seasonal Agricultural Worker Protection Act (MSPA), 29 U.S.C.A. §§ 1801 et seq., (Thomson Reuters 2009), and its implementing regulations at 29 C.F.R. Part 500 (2012); the H-2B provision of the Immigration and Nationality Act, 8 U.S.C.A. 1101(a)(15)(H)(ii)(b) (West 1999 & Thomson Reuters Supp. 2013); Executive Order 11246 (E. O. 11246), as amended , Section 503 of the Rehabilitation Act of 1973, as amended, 29 U.S.C.A. § 793 (Thomson Reuters/West 2008), and Section 402 of the Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA), 38 U.S.C.A. § 4212 (West 2002) (collectively the Equal Opportunity Laws or EO Laws); the Fair Labor Standards Act of 1938 (FLSA), as amended, 29 U.S.C.A. § 201, et seq. (West 1998 & Supp. 2013), and its implementing regulations, 29 C.F.R. Parts 579, 580 (2013); and others.
Do you have any suggestions or comments about this federal administrative adjudication study?: 
As stated above, the study so far does not give a complete picture of the the adjudicatory appeal procedures before the ARB, if that is the intention.
Verified by Agency: 
Verified