Phillips

This is a petition for review of a United States Department of Labor Benefits Review Board (the “Board”) Decision and Order (“Order”) vacating the Supplemental Decision Certifying Facts and Recommending Sanction (“Supplemental Decision”) and the Amended Supplemental Decision Certifying Facts and Recommending Sanction (“Amended Supplemental Decision”) of an Administrative Law Judge (“ALJ”). In rendering these decisions, the ALJ purported to act pursuant to 33 U.S.C. § 927 (b) (“section 27(b)”), which sets forth administrative contempt powers. Section 27(b) requires the ALJ to certify the facts underlying the alleged contempt to the district court. This petition presents the novel question of what actions are required of the ALJ in order to “certify the facts to the district court” within the meaning of section 27(b) so as to invoke the jurisdiction of the district court. We have jurisdiction pursuant to 33 U.S.C. § 921 (c), and hereby vacate the Order, having concluded that the ALJ’s actions in this case were sufficient “to certify the facts to the district court,” thereby depriving the Board of jurisdiction to entertain the appeal from the Supplemental and Amended Supplemental…