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BRINK'S, INC. v. HERMAN

No. 481, Docket 96-4162.

148 F.3d 175 (1998)

BRINK'S, INCORPORATED, Petitioner, v. Alexis M. HERMAN, Secretary of Labor, United States Department of Labor; United States Department of Labor, Administrative Review Board, Respondents, Joseph A. Caimano, Intervenor.

United States Court of Appeals, Second Circuit.

Decided June 25, 1998.

Attorney(s) appearing for the Case

Jeffrey W. Pagano, New York City (Herbert I. Meyer, Ira M. Saxe, King, Pagano & Harrison, New York City, on the brief), for Petitioner.

John Shortall, Department of Labor, Washington, DC (J. Davitt McAteer, Acting Solicitor of Labor, Joseph M. Woodward, Associate Solicitor for Occupational Safety and Health, Ann Rosenthal, Counsel for Appellate Litigation, U.S. Department of Labor, Washington, DC, on the brief), for Respondents.

Ted E. Karatinos, St. Petersburg, FL (Seeley & Karatinos, P.A., St. Petersburg, FL, on the brief), for Intervenor.

Before: JACOBS and LEVAL, Circuit Judges, and RESTANI, Judge.

LEVAL, Circuit Judge:

Brink's Inc. ("Brinks"), an armored car delivery company, discharged the intervenor Joseph A. Caimano, a messenger in its employ, when he refused to go out on his daily run. Caimano filed a complaint with the U.S. Department of Labor, alleging that he was discharged for raising safety concerns and for refusing to work in an unsafe vehicle, and that his discharge therefore violated §§ 405(a) and (b) of the Surface Transportation Assistance...

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