McQuay v. Lone Tree Services, Inc.

U.S. Department of Labor 	Administrative Review Board
200 Constitution Ave. NW
Washington, DC 20210-0001
IN THE MATTER OF:
MAC MCQUAY,
COMPLAINANT,
v.
LONE TREE SERVICES, INC.,
RESPONDENT.
ARB CASE NO. 2025-0053
ALJ CASE NO. 2024-PSI-00003
ALJ STEWART F. ALFORD
DATE: December 19, 2025
Appearances:
For the Complainant:
Mac McQuay; Pro Se; Padroni, Colorado
For the Respondent:
Christian J. Schulte, Esq.; Peters Schulte Odil PLLC; Loveland,
Colorado
Before BURRELL and KIKO, Administrative Appeals Judges
ORDER OF DISMISSAL
This case arises under the employee protection provisions of the Pipeline
Safety and Improvement Act and its implementing regulations.0F
1 On April 19, 2025,
Complainant Mac McQuay filed a Petition for Review with the Administrative
Review Board (Board), appealing a United States Department of Labor
Administrative Law Judge’s Order Granting Motion for Summary Decision.
On December 18, 2025, Complainant filed a Motion for Administrative
Closured Due to Jurisdictional Shift from the Department of Labor Administrative
Review Board to the United States District Court for the District of Colorado.
1 	49 U.S.C. § 60129; 29 C.F.R. Part 1981 (2025).

2
Complainant stated that he had filed an original action for de novo review of his
PSIA claim in the United States District Court for the District of Colorado on
December 5, 2025.
The PSIA provides that if the Secretary of Labor has not issued a final
decision within 210 days of the filing of a complaint, and if the delay is not due to
the bad faith of the complainant, the complainant may bring an original action at
law or equity for de novo review in the appropriate district court of the United
States.2 Since more than 210 days have elapsed since Complainant filed his
Complaint, and since Complainant has chosen to proceed in district court, the
Department of Labor no longer has jurisdiction over this case. Accordingly, we
DISMISS this appeal.
SO ORDERED.
THOMAS H. BURRELL
Administrative Appeals Judge
PHILIP G. KIKO
Administrative Appeals Judge
2 49 U.S.C. § 60129(b)(3)(D)(i).