John G. Turner v. Department of Justice
Background
- Appellant John G. Turner and the Department of Justice entered a settlement requiring the agency to pay Turner 6 days (48 hours) of back pay.
- An administrative judge found the agency in noncompliance for failing to make that 6-day payment and issued an initial compliance decision on November 17, 2015.
- The Board referred the matter for consideration and issued an acknowledgment order giving the agency 15 days to show compliance and Turner 20 days to respond to any agency submission.
- On January 6, 2016, the agency submitted payroll evidence showing payments on March 3 and November 20, 2015, totaling 32 hours and 16 hours (48 hours) respectively.
- Turner did not respond to the Board's acknowledgment order or to the agency's evidence of payment.
- The Board found the agency produced evidence of full compliance and dismissed the petition for enforcement; the decision is nonprecedential.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the agency complied with the settlement by paying 6 days of back pay | Turner argued the agency failed to pay the required 6 days (per the ALJ initial decision finding noncompliance) | DOJ produced payroll records showing two payments totaling 48 hours (6 days) of pay | Board held the agency produced sufficient evidence of payment and is in compliance |
| Whether dismissal is appropriate where appellant did not respond to agency proof | Turner did not submit a response to the Board's acknowledgment order or contest the payment evidence | DOJ relied on documentary payroll evidence and the appellant's silence | Board dismissed the enforcement petition due to agency compliance and appellant's failure to respond |
Key Cases Cited
None.