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YELLOW FREIGHT SYSTEMS, INC. v. REICH

Docket No. 94-4006.

38 F.3d 76 (1994)

YELLOW FREIGHT SYSTEMS, INC., Petitioner, v. Robert B. REICH, Secretary of Labor, and John A. Thom, Respondents.

United States Court of Appeals, Second Circuit.

Decided October 14, 1994.

Attorney(s) appearing for the Case

Roger K. Quillen, Atlanta, GA (Michael C. Towers, Anderson B. Scott, Fisher & Phillips, of counsel), for petitioner.

Ronald Gottlieb, Washington, DC (U.S. Dept. of Labor, Thomas S. Williamson, Jr., Sol. of Labor, Joseph M. Woodward, Associate Sol. for Occupational Safety and Health, and Barbara Werthmann, Counsel for Appellate Litigation, of counsel), for respondents.

Before: KEARSE and ALTIMARI, Circuit Judges and SCHWARTZ, District Judge.

SCHWARTZ, District Judge:

The issue presented on this appeal is whether the Secretary of Labor ("the Secretary") properly found that Yellow Freight Systems, Inc. discharged John Thom because he engaged in activity protected under § 405(b) of the Surface Transportation Assistance Act of 1982 ("the Act" or "the STAA"), 49 U.S.C.App. § 2305 (1988).1 For the reasons set for below, we affirm...

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