Steve Brough v. Administrative Review Board

FILED

NOT FOR PUBLICATION

DEC 14 2021

UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

STEVE BROUGH, No. 19-71983

Petitioner, LABR No. ARB No. 2016-0089

v.

MEMORANDUM*

ADMINISTRATIVE REVIEW BOARD;

U.S. DEPARTMENT OF LABOR,

Respondents, ______________________________

BNSF RAILWAY COMPANY,

Intervenor.

BNSF RAILWAY COMPANY, No. 20-70655

Petitioner, LABR No. ARB No. 2016-0089

v.

ADMINISTRATIVE REVIEW BOARD;

U.S. DEPARTMENT OF LABOR,

Respondents,

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

STEVE BROUGH,

Respondent-Intervenor.

On Petition for Review of an Order of the Department of Labor

Argued and Submitted December 7, 2021 San Francisco, California

Before: LUCERO,** IKUTA, and VANDYKE, Circuit Judges.

This is a consolidated appeal from cross petitions for review of a final order

of the Administrative Review Board (ARB). BNSF Railway Company appeals the

ARB’s ruling that it violated the Federal…