Israel v. Department of Labor, Administrative Review Board

United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 11-2947
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Joshua J. Israel, *
*
Petitioner, *
*
v. * Petition for Review of an
* Order of the United States
* Department of Labor.
Department of Labor, Administrative *
Review Board, * [UNPUBLISHED]
*
Respondent. *
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Submitted: May 7, 2012
Filed: May 10, 2012
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Before WOLLMAN, MELLOY, and SMITH, Circuit Judges.
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PER CURIAM.
Joshua J. Israel filed an administrative complaint, alleging that his employer
retaliated against him for engaging in activities protected under the Surface
Transportation Assistance Act. An administrative law judge recommended denying
Israel’s complaint. The United States Department of Labor Administrative Review
Board (ARB) reviewed the administrative law judge’s recommendation and issued
a final decision denying Israel’s complaint. Israel petitions for review.
Having carefully reviewed the record, we conclude that the ARB’s decision is
not arbitrary, capricious, an abuse of discretion, contrary to the law, or unsupported
by substantial evidence in the record. See 49 U.S.C. § 31105(d) (appellate court
reviews ARB’s decision pursuant to Administrative Procedure Act (APA)); 5 U.S.C.
§ 706(2) (reviewing court shall hold unlawful and set aside agency decisions if they
are found to be arbitrary, capricious, abuse of discretion, or otherwise not in
accordance with law, or if unsupported by substantial evidence in record as whole);
see also R&B Transp., LLC v. U.S. Dep’t of Labor, Admin. Review Bd., 618 F.3d 37,
44 (1st Cir. 2010) (ARB’s final decision is reviewed in accordance with APA).
Accordingly, we deny the petition. See 8th Cir. R. 47B.
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