# U.S. Department of Labor

> Briefs, arguments, decisions, and more.

URL: https://www.frixlaw.com/law-library/documents/agency%3Adol%3A6d1309abe229a51f

## Record

- **Collection:** Agency decision
- **Document type:** Agency decision

## Text

U.S. Department of Labor

Administrative Review Board
200 Constitution Ave. NW
Washington, DC 20210-0001

IN THE MATTER OF:
MANDEEP SINGH,
COMPLAINANT,
v.
INTEL CORPORATION,

ARB CASE NO. 2025-0043
ALJ CASE NO. 2024-CAR-00005
DISTRICT CHIEF
ALJ PAUL C. JOHNSON, JR.
DATE: August 29, 2025

RESPONDENT.
Before BURRELL and KIKO, Administrative Appeals Judges
DECISION AND ORDER AFFIRMING DISMISSAL
This case arises under the employee-protection provisions of the Criminal
Antitrust Anti-Retaliation Act of 2020 (CAARA), and its implementing regulations. 1
Complainant Mandeep Singh filed a whistleblower complaint against Respondent
Intel Corporation with the Office of Administrative Law Judges (OALJ). On
February 20, 2025, District Chief Administrative Law Judge (ALJ) Paul C. Johnson,
Jr. issued an Order of Dismissal (Order). Complainant, pro se, filed a Petition for
Review with the Administrative Review Board (Board). For the following reasons,
we summarily affirm the ALJ’s dismissal and deny Complainant’s appeal.
0F

BACKGROUND
On July 24, 2024, Complainant filed a complaint with the U.S. Department of
Labor’s Occupational Safety and Health Administration (OSHA), alleging that
Respondent violated the employee protection provisions of the CAARA. On July 31,
2024, OSHA dismissed the complaint.
On August 21, 2024, Complainant requested a hearing before OALJ. 2
On February 17, 2025, Complainant filed a document entitled “Unopposed Motion
1F

1

15 U.S.C. § 7a-3; 29 C.F.R. Part 1991 (2024).

2

Order at 1.

2

for [P]rotection and Motion for [A]dditional [D]isclosures so far.” 3 In this motion,
Complainant disclosed that he filed a related action in the U.S. District Court for
the District of Oregon. 4
2F

3F

A review of the federal court docket indicated that, on August 12, 2024,
Complainant had filed a complaint in the United States District Court for the
District of Oregon against Respondent and other defendants. 5 On January 15, 2025,
Complainant filed a Motion for Protection in the U.S. District Court. 6 Complainant
demanded a payment of $4,000 per month until he was awarded $4.5 billion in
damages, citing 15 U.S.C. § 7a-3, among other statutes. 7 The U.S. District Court
denied Complainant’s motion and informed him that if he wished to bring a claim
under the statutes he relied on in his motion, he had to file an amended complaint. 8
On February 5, 2025, Complainant filed an amended complaint in District Court,
requesting monetary damages pursuant to 15 U.S.C. § 7a-3 and other laws. 9
4F

5F

6F

7F

8F

On February 20, 2025, the ALJ dismissed Complainant’s complaint. 10
The ALJ found that he no longer had jurisdiction of Complainant’s complaint
because Complainant filed a complaint in U.S. District Court in compliance with
CAARA and because more than 180 days had passed since Complainant filed his
OSHA complaint and no final decision of the Secretary of Labor had been issued. 11
9F

10F

Complainant filed a petition for review with the Board.

3

Id. at 1.

4

Id.

5

Id.

6

Id.

7

Id.

8

Id.

9

Id. at 2.

10

Id.

Id. (citing to 15 U.S.C. § 7a-3(b)(1)(B)). The provision is often referred to as a
removal or “kick-out” provision.
11

3

JURISDICTION AND STANDARD OF REVIEW
The Secretary of Labor has delegated to the ARB authority to hear appeals
from ALJ decisions and issue agency decisions in cases arising under the CAARA. 12
We review the ALJ’s dismissal de novo. 13
11F

12F

DISCUSSION
The CAARA provides that an employer may not discharge or otherwise
retaliate against a covered individual with respect to the terms and conditions of
employment because of any lawful protected activity done by the covered
individual. 14 Complaints filed under the CAARA are governed by the legal burdens
of proof set forth in the employee-protection provision of the Wendell H. Ford
Aviation Investment and Reform Act for the 21st Century (AIR 21). 15 To prevail on
a CAARA claim, an employee must prove by a preponderance of the evidence that
he engaged in protected activity which was a contributing factor in an unfavorable
personnel action taken against him. 16 In light of our disposition of this matter, we
limit our discussion to the issue of whether the ALJ correctly dismissed the case
under the CAARA’s kick-out provision.
13F

14F

15F

The CAARA contains a kick-out provision whereby a whistleblower may
remove the matter to federal district court. 17 Under this provision, if the Secretary
has not issued a final decision within 180 days, a complainant may bring an action
“in the appropriate district court of the United States, which shall have jurisdiction
over such an action.” 18
16F

17F

Secretary’s Order No. 01-2020 (Delegation of Authority and Assignment of
Responsibility to the Administrative Review Board (Secretary’s discretionary review of ARB
decisions)), 85 Fed. Reg. 13,186 (Mar. 6, 2020).
12

Gladden v. Proctor & Gamble Co., ARB No. 2022-0012, ALJ No. 2021-SOX-00012,
slip op. at 8-9 (ARB May 9, 2023) (citations omitted) (the Board “reviews all conclusions of
law de novo”); 5 U.S.C. § 557(b) (“On appeal from or review of the initial decision, the
agency has all the powers which it would have in making the initial decision except as it
may limit the issues on notice or by rule.”).
13

14

15 U.S.C. § 7a-3(a).

15

Id. at § 7a-3(b)(2)(C); see 49 U.S.C. § 42121(b).

16

49 U.S.C. § 42121(b)(2)(B)(iii).

17

15 U.S.C. § 7a-3(b)(1)(B).

18

Id.

4

Complainant contends that OALJ has jurisdiction over Respondent based
OSHA’s investigation.19 Complainant then proceeds to argue the elements of his
case and requests $15 billion in damages.20
We acknowledge Complainant’s pro se status.21 However, we agree with the
ALJ that Complainant kicked-out his complaint to U.S. District Court when he
requested monetary damages pursuant the CAARA after the 180-day period
expired. In addition, we are not persuaded by Complainant’s arguments on appeal.
Complainant’s only argument pertaining to the Department of Labor’s jurisdiction
over this claim is OSHA’s investigation. However, OSHA conducted its investigation
prior to both Complainant requesting CAARA damages in his filings in U.S. District
Court and before the 180-day period had passed. Thus, we find that Complainant
has not met his burden on appeal and affirm the ALJ’s dismissal of the case.22
CONCLUSION
For the above reasons, we summarily AFFIRM the ALJ’s decision and
DENY Complainant’s appeal.
SO ORDERED.

THOMAS H. BURRELL
Administrative Appeals Judge

PHILIP G. KIKO
Administrative Appeals Judge

19

Complainant’s Brief at 4-5.

20

Id. at 5-6.

The Board “‘construes arguments for self-represented litigants liberally in deference
to their lack of training in the law,’ while ‘also refrain[ing] from becoming an advocate for
the pro se litigant.”’ Kossen v. Asia Pac. Airlines, ARB No. 2023-0047, ALJ No. 2023-AIR00001, slip op. at 7 n.32 (ARB May 30, 2025) (quoting Williams v. QVC, Inc., ARB No. 20200019, ALJ No. 2018-SOX-00019, slip op. at 7 n.43 (ARB Jan 17, 2023)).
21

15 U.S.C. § 7a-3(b)(1)(B); see Robles v. Quirch Foods, LLC, ARB No. 2024-0034, ALJ
No. 2023-STA-00016, slip op. at 4-5 (ARB July 15, 2025) (affirming the ALJ’s dismissal of
the case because Complainant intended a complaint he filed in U.S. District Court as a kick
out).
22

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/agency%3Adol%3A6d1309abe229a51f. Public record. Not legal advice.