Administrative Review Board Decisions Issued in January Address Various Issues

The Labor Department’s Administrative Review Board reached five other decisions in January, in addition to its ruling in In re International Association of Machinists and Aerospace Workers (see related report in this issue).

In those cases, the board:

• affirmed an administrative law judge’s ruling in favor of ACE Ltd. on the Sarbanes-Oxley Act whistleblower claim of John Johnson, finding that the company demonstrated by clear an convincing evidence that it would have terminated Johnson for poor performance, insubordination, and using company resources to operate a private consulting firm even if he had not complained about alleged accounting regularities and internal control ...