KOCH FOODS, INC. v. SECRETARY, U.S. DEPT. OF LABOR

No. 11-14850.

712 F.3d 476 (2013)

KOCH FOODS, INC., Petitioner, v. SECRETARY, UNITED STATES DEPARTMENT OF LABOR, and Timothy Bailey, Respondents.

United States Court of Appeals, Eleventh Circuit.

March 11, 2013.


Attorney(s) appearing for the Case

Elizabeth K. Dorminey , James Larry Stine , Wimberly, Lawson, Steckel, Schneider & Stine, PC, Atlanta, GA, for Petitioner.

Lisa A. Wilson , Ronald Joseph Gottlieb , Charles F. James , Hilda Solis , U.S. Dept. of Labor, Washington, DC, Channah S. Broyle , U.S. Dept. of Labor, Atlanta, GA, for Respondent.

Before MARCUS and PRYOR, Circuit Judges, and FRIEDMAN, District Judge.


FRIEDMAN, District Judge:

Petitioner Koch Foods, Inc. appeals the final decision and order issued by the Administrative Review Board (ARB) of the Department of Labor (DOL), in which the ARB determined that Koch Foods had violated the whistleblower protection provision of the Surface Transportation Assistance Act (STAA) by firing its employee, respondent Timothy Bailey.

Congress passed the STAA's whistleblower provision...

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