DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
191739P.pdf 03/04/2021 Soo Line Railroad Co. v. Admin. Rev. Bd US Labor Dept.
U.S. Court of Appeals Case No: 19-1739
Petition for Review of an Order of the Department of Labor (except OSHA)
[PUBLISHED] [Before Benton, Shepherd, and Kelly, Circuit Judges]
Petition for Review - Federal Railroad Safety Act. The Administrative
Review Board did not err in determining that reconsideration of its denial
of the discharged employee's petition for review was appropriate under the
circumstances presented; the Board appropriately used is equitable powers
to control its own docket and to recognize incongruities and the 11-day
delay in service of its dismissal order; as a result the Board's
reconsideration, reinstatement and dismissal of the employee's petition
was not arbitrary, capricious, an abuse of discretion or otherwise not in
accord with law; the petition for review is denied.