Soo Line Railroad Co. v. Administrative Review Board United States Department of Labor, No. 19-1739 (8th Cir. 2021)Annotate this Case
Henin began working Canadian Pacific (CP) in 2003. CP terminated Henin’s employment in 2015, citing rule violations. Henin filed a complaint with the Department of Labor, alleging violation of the Federal Railroad Safety Act. After investigating, the Occupational Safety and Health Administration dismissed Henin’s complaint in a Decision, dated January 11, 2019. Henin received the Decision on January 22. On January 28, Henin filed with the Administrative Review Board a petition for review. On February 5, the Clerk issued a notice indicating acceptance of Henin’s petition. On February 26, the Board dismissed Henin’s petition as untimely. In his motion for reconsideration, Henin explained that he did not receive the Decision until 11 days after its issuance; that before the Decision, there had been no case activity since 2017; and that between December 22, 2018, and January 25, 2019, the federal government experienced a “shutdown.”
The Board reinstated Henin’s claim as timely but immediately dismissed it, citing a complaint that Henin filed in federal court under 49 U.S.C. 20109(d)(3), which grants federal district courts jurisdiction to review employee claims de novo if, like here, the Secretary of Labor does not issue a “final” decision within 210 days of the complaint’s filing date. The Eighth Circuit denied CP’s petition for review. The Board properly granted reconsideration and appropriately utilized its equitable powers to control its own docket and to recognize the record’s incongruities and the 11-day delay in service.