BUIE v. ADMINISTRATIVE REVIEW BOARD OF UNITED STATES DEPARTMENT OF LABOR (2020)

[Unpublished]

Christopher Buie petitions for review of a final order from the United States Department of Labor Administrative Review Board (ARB), affirming the denial of his administrative complaint alleging that his employer fired him for engaging in activities protected under the Surface Transportation Assistance Act. After careful review, we conclude that the ARB's decision was not arbitrary, capricious, an abuse of discretion, contrary to the law, or unsupported by substantial evidence in the record. See 49 U.S.C. § 31105(d) (appellate court reviews ARB's decision pursuant to Administrative Procedure Act); 5 U.S.C. § 706(2) (reviewing court shall hold unlawful and set aside agency decision found to be arbitrary, capricious, abuse of discretion, or otherwise not in accordance with law, or if unsupported by substantial evidence in record). Accordingly, we deny the petition. See 8th Cir. 47B. We also deny Buie's pending motion to supplement the record.

PER CURIAM.