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CARROLL v. U.S. DEPT. OF LABOR

No. 95-1729.

78 F.3d 352 (1996)

David CARROLL, Petitioner, v. UNITED STATES DEPARTMENT OF LABOR; Respondent, Bechtel Power Corporation, Intervenor.

United States Court of Appeals, Eighth Circuit.

Decided March 5, 1996.

Rehearing and Suggestion for Rehearing Denied May 6, 1996.

Attorney(s) appearing for the Case

Diana Maulding, Little Rock, Arkansas, argued, for petitioner.

Vonda L. Marshall, argued (Thomas S. Williamson, Jr., Solicitor of Labor; Gail V. Coleman, Deputy Associate Solicitor; and William J. Stone, for Appellate Litigation, on brief), for respondent.

G. Michael Pharis, Baton Rouge, Louisiana (Thomas R. Peak, Baton Rouge, Louisiana, on brief), for intervenor.

Before McMILLIAN, FLOYD R. GIBSON, and LOKEN, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied May 6, 1996.

FLOYD R. GIBSON, Circuit Judge.

David Carroll petitions for review of the Secretary's final order dismissing his complaint filed under the whistleblower provisions of the Energy Reorganization Act, 42 U.S.C. § 5851 (1988) (ERA). We affirm.

I. BACKGROUND

David Carroll was hired by Bechtel Corporation in July of 1989 as a mechanical engineer. Carroll worked on a variety...

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