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Case No. 20-0040

Swift Pork Company
Employment Appeal Board


Swift Pork Company


Employment Appeal Board

Attorney for the Appellee

Thomas E. Ullrich and Derek J. Brostek

Attorney for the Appellant

Benjamin J. Flickinger, Assistant Attorney General

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Dec 16, 2020

            Appeal from the Iowa District Court for Wapello County, Myron L. Gookin, Judge.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED TO THE AGENCY.  Considered by Bower, C.J., and May and Ahlers, JJ.  Opinion by Ahlers, J.  (12 pages)

Swift Pork Company challenged a citation alleging it violated of Iowa’s occupational safety and health act and imposing penalties.  The Employment Appeal Board (EAB) dismissed Swift Pork’s challenge as untimely.  Swift Pork sought judicial review.  The district court reversed the EAB’s decision, finding the agency erred by ignoring its prior practice or precedent in measuring the fifteen-day period for Swift Pork to appeal.  OPINION HOLDS: The EAB’s decision dismissing Swift Pork’s contest of the citation must be reversed, as the EAB’s action was inconsistent with its prior precedent without adequate justification being provided for such inconsistency.  The matter is remanded to the EAB for further proceedings.

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