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PLATONE v. U.S. DEPT. OF LABOR

No. 07-1635.

548 F.3d 322 (2008)

Stacy PLATONE, Petitioner, v. UNITED STATES DEPARTMENT OF LABOR, Respondent. Equal Employment Advisory Council; Chamber of Commerce of the United States of America, Amici Supporting Respondent.

United States Court of Appeals, Fourth Circuit.

Decided: December 3, 2008.

Attorney(s) appearing for the Case

ARGUED: Michael MacKager York, Wehner & York, Reston, Virginia, for Petitioner. Theresa Schneider Fromm, United States Department of Labor, Office of the Solicitor, Washington, D.C., for Respondent. ON BRIEF: Jonathan L. Snare, Acting Solicitor of Labor, Steven J. Mandel, Associate Solicitor, Ellen R. Edmond, Counsel for Whistleblower Programs, United States Department of Labor, Office of the Solicitor, Washington, D.C., for Respondent. Robin S. Conrad, Shane Brennan, National Chamber Litigation Center, Washington, D.C., for Amicus Curiae Chamber of Commerce of the United States of America; Rae T. Vann, Paulos Iyob, Norris, Tysse, Lampley & Lakis, L.L.P., Washington, D.C., for Amicus Curiae Equal Employment Advisory Council.

Affirmed by published opinion. Judge GREGORY wrote the opinion, in which Chief Judge WILLIAMS and Judge TRAXLER joined.

OPINION

GREGORY, Circuit Judge:

This case challenges a ruling of the Department of Labor's Administrative Review Board ("ARB") denying Stacy Platone whistleblower protection under the Sarbanes-Oxley Act, 18 U.S.C. § 1514A (2006). For the reasons stated herein, the ARB's decision is affirmed.

I.

Stacy Platone, Appellant, worked for the Airline Pilots Association ("ALPA") as a pilot communications specialist. In the summer of 2002, Atlantic...

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