Watson v. International Business Machine Corp., ARB No. 06-009, ALJ No. 2006-LCA-31 (ARB Oct. 20, 2006)

U.S. Department of Labor

Administrative Review Board 200 Constitution Avenue, N.W. Washington, D.C. 20210

ARB CASE NO. 07-009
ALJ CASE NO. 2006-LCA-31
DATE: October 20, 2006

In the Matter of:

MARK J. WATSON,
    Prosecuting party,

    v.

INTERNATIONAL BUSINESS MACHINES
CORPORATION,
    RESPONDENT,

BEFORE: THE ADMINISTRATIVE REVIEW BOARD

Appearance:

For the Complainant:
    Mark J. Watson, pro se, Bartlett, Tennessee

NOTICE THAT THE ADMINISTRATIVE REVIEW BOARD
DECLINES TO REVIEW THE ADMINISTRATIVE LAW JUDGE'S
DECISION AND ORDER

    On October 3, 2006, a Department of Labor Administrative Law Judge (ALJ) issued a Decision and Order Motion to Dismiss (D. & O.) in this case arising under the Immigration and Nationality Act (INA or the Act).¹ The ALJ concluded that he was bound by the Administrative Review Board's decision in Watson v. Electronic Data Sys. Corp.² , in which the Board held that, in the absence of an investigation by the Administrator of the Wage and Hour Division, an administrative law judge may neither

---

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hear the case nor review the Administrator's decision than an investigation was not warranted.³

    On October 11, 2006, the Prosecuting Party filed a notice of appeal in this case requesting the Board to review the ALJ's D. & O.⁴ Attached to the D. & O. is a "Notice of Appeal Rights" that provides in pertinent part:

If no Petition [for Review] is timely filed, then the administrative law judge's decision becomes the final order of the Secretary of Labor. Even if a Petition is timely filed, the administrative law judge's decision becomes the final order of the Secretary of Labor unless the Board issues an order within thirty (30) days of the date the Petition is filed notifying the parties that it has accepted the case for review. See 29 C.F.R. § 655.840(a).

    Accordingly, pursuant to 20 C.F.R. § 655.845 (2006), the Board hereby gives notice that it declines to review the ALJ's Decision and Order.

FOR THE ADMINISTRATIVE REVIEW BOARD:

Janet R. Dunlop
General Counsel

[ENDNOTES]

¹ 8 U.S.C.A. §§ 1101-1537 (West 1999 & Supp. 2004) and implemented at 20 C.F.R. Part 655, Subparts H and I (2006).

² ARB Nos. 04-023, -029, -050; ALJ Nos. 04-LCA-09, 03-LCA-30 (May 31, 2005).

³ D. & O. at 4.

⁴ The Board has jurisdiction to review an ALJ's decision arising under the INA. 8 U.S.C.A. § 1182(n)(2) and 20 C.F.R. § 655.845. See also Secretary's Order No. 1-2002, 67 Fed. Reg. 64,272 (Oct. 17, 2002) (delegating to the ARB the Secretary's authority to review cases arising under, inter alia, the INA).