Welch was terminated by Cardinal Bankshares and filed a Sarbanes-Oxley whistleblower complaint with OSHA. After OSHA denied the complaint, an ALJ issued a Supplemental Recommended Decision and Order that recommended Welch's reinstatement, and the ARB later confirmed that the ALJ's order was a preliminary order of reinstatement. Cardinal appealed to the ARB, and more than eighteen months later the ARB had not yet issued a final decision. Welch then petitioned the district court to enforce the reinstatement order.
Issue
Does a federal district court have subject matter jurisdiction under Sarbanes-Oxley and AIR21 to enforce an ALJ's preliminary order of reinstatement while administrative review before the ARB is still pending? More specifically, do 49 U.S.C. § 42121(b)(5) and (6) authorize enforcement of preliminary orders as well as final orders?
Rule
A federal district court may exercise only jurisdiction expressly conferred by statute. Under 49 U.S.C. § 42121(b)(5) and (6), as incorporated into 18 U.S.C. § 1514A, the district court may enforce only orders issued under § 42121(b)(3), which are final orders; the statute does not confer jurisdiction to enforce an ALJ's preliminary order of reinstatement.
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One of 10 multiple-choice questions for this case. Pick an answer to see why.
Nina Torres worked for Blue Summit Analytics, Inc., in Richmond, Virginia, and filed a Sarbanes-Oxley whistleblower complaint with the Department of Labor. An ALJ later issued an order requiring her preliminary reinstatement, but Blue Summit promptly sought review before the Administrative Review Board, where the matter remains pending.
Torres files in federal district court in Virginia asking only that the court enforce the ALJ's reinstatement directive immediately. What is the best answer?
Explanation. A federal district court may exercise only jurisdiction expressly granted by Congress. Under the incorporated AIR21 provisions, district-court enforcement extends only to orders issued under 49 U.S.C. § 42121(b)(3), which the opinion reads as final orders, not preliminary ALJ reinstatement orders still under ARB review. (Derived from Welch v. Cardinal Bankshares Corp. (n.d.).)