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DEMSKI v. U.S. DEPT. OF LABOR

No. 04-3753.

419 F.3d 488 (2005)

Lydia DEMSKI, Petitioner, v. UNITED STATES DEPARTMENT OF LABOR, Respondent, Indiana Michigan Power Company, Intervener.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 17, 2005.

Attorney(s) appearing for the Case

ARGUED: Carol A. Dunning, Quarto Dunning, New York, New York, for Petitioner. Roger Wilkinson, United States Department of Labor, Washington, D.C., for Respondent. J. Patrick Hickey, Pillsbury, Winthrop, Shaw, Pittman, LLP, Washington, D.C., for Intervenor. ON BRIEF: Carol A. Dunning, Quarto Dunning, New York, New York, Brett K. Bacon, Frantz Ward, Cleveland, Ohio, for Petitioner. Carol Arnold, Paul Frieden, United States Department of Labor, Washington, D.C., for Respondent. J. Patrick Hickey, Julia E. Judish, Pillsbury, Winthrop, Shaw, Pittman, LLP, Washington, D.C., for Intervenor.

Before: KENNEDY, CLAY, and GILMAN, Circuit Judges.

OPINION

KENNEDY, Circuit Judge.

Petitioner Demski seeks review of the decision of the Administrative Review Board of the Department of Labor, which denied her claim because it found that she was not an employee for the purposes of the whistleblower provisions of the Energy Reorganization Act, 42 U.S.C. § 5851. Because we agree that Petitioner was not an employee of Defendant-Intervener Indiana Michigan Power Company (I & M), we DENY her petition...

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