ALJ Error – Appeal Timeliness

By: Derek Hawkins//June 17, 2019//

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7^th Circuit Court of Appeals

Case Name: Mary Madison v. United States Department of Labor, et al.

Case No.: 18-1800

Officials: ROVNER, HAMILTON, and BRENNAN, Circuit Judges.

Focus: ALJ Error – Appeal Timeliness

Following her discharge from Kenco Logistics (“Kenco”), Mary Madison filed a complaint with the Occupational Safety and Health Administration (“OSHA”) charging that she was terminated in retaliation for engaging in protected activity. OSHA dismissed her complaint, and in a subsequent de novo proceeding conducted at Madison’s request, an administrative law judge (“ALJ”) entered a summary decision against her. Madison asked the Department of Labor’s Administrative Review Board (“ARB” or the “Board”) to review the ALJ’s decision, but the Board dismissed her appeal as untimely. Madison now seeks review in this court. Finding no error in the Board’s decision as to the timeliness of Madison’s appeal to the Board, we deny the petition for review.

Petition Denied

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.

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