ANDERSON v. U.S. DEPT. OF LABOR

No. 03-9570.

422 F.3d 1155 (2005)

Adrienne ANDERSON, Petitioner, v. UNITED STATES DEPARTMENT OF LABOR, Respondent, Metro Wastewater Reclamation District, Intervenor-Respondent, PACE 5-477; Paper, Allied-Industrial, Chemical and Energy Workers Union, Local 5-477 (PACE), Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

September 2, 2005.


Attorney(s) appearing for the Case

Administrative Review Board Lee Katherine Goldstein, Senn, Visciano, Kirschenbaum, P.C., Denver, CO (Susan J. Tyburski, Boyle & Tyburski, Denver, CO, with her on the briefs), for Petitioner.

Mary J. Rieser, Attorney, (Howard M. Radzely, Solicitor of Labor; Steven J. Mandel, Associate Solicitor; and Paul L. Frieden, Counsel for Appellate Litigation, United States Department of Labor, Office of the Solicitor with her on the briefs), Washington, DC, for Respondent.

Joel A. Moritz, Richard P. Brentlinger, Robert J. Thomas, Inman, Flynn, Biesterfeld, Brentlinger & Moritz, P.C., Denver CO; Donn C. Meindertsma, Winston & Strawn LLP, Washington, DC, filed an answer brief for Intervenor.

Donald S. Holmstrom, Denver, CO, filed an amicus curiae brief for Paper, Allied-Industrial, Chemical & Energy Workers Union, Local 5-477 (PACE).

Before HARTZ, McKAY and O'BRIEN, Circuit Judges.


O'BRIEN, Circuit Judge.

This is a whistleblower action brought by Adrienne Anderson (Anderson) against Metro Wastewater Reclamation District (Metro) pursuant to various environmental statutes which prohibit discrimination against "any employee or any authorized representative of employees." Pursuant to the recommendation of one of Metro's local unions, the City of Denver's mayor appointed Anderson to Metro's Board of Directors...

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