Secretary of Labor Alexander Acosta announced recently his intention to fill two of four current vacancies on the Department of Labor’s (DOL) Administrative Review Board (ARB). The ARB is an agency tribunal, appointed by the Labor Secretary, that functions like an appeals court within DOL, issuing final administrative determinations in contested decisions issued by DOL administrative law judges (ALJs). These include ALJ rulings in enforcement proceedings brought by DOL’s Office of Federal Contract Compliance Programs (OFCCP).
The ARB as of today has only one member, Leonard Howie, who was appointed by former Obama Administration Secretary of Labor Tom Perez. In announcing his intent to appoint two new members to the ARB, Secretary Acosta has also established a new vetting process, where vacancies will first be announced in the Federal Register and interested applicants will be subject to a formal application and screening process.
Up until now, the Labor Secretary has had sole discretion to appoint (and remove) ARB members at his or her will. The new process will provide greater transparency, although the Secretary will retain the authority to make the ultimate selection decision and appoint the members.
Members of the Center for Workplace Compliance (CWC) can read more here.