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PECK v. US DEPT OF LABOR, ADMINISTRATIVE REVIEW BD

No. 20-1154.

996 F.3d 224 (2021)

Michael S. PECK, Ph.D., Petitioner, v. UNITED STATES DEPARTMENT OF LABOR, ADMINISTRATIVE REVIEW BOARD; Marty Walsh, U.S. Secretary of Labor, Respondents.

United States Court of Appeals, Fourth Circuit.

Decided: April 30, 2021.

Attorney(s) appearing for the Case

John M. Clifford , Billie P. Garde , CLIFFORD & GARDE, LLP, Washington, D.C.; John A. Kolar , GOVERNMENT ACCOUNTABILITY PROJECT, Washington, D.C.; Ned Miltenberg , Managing Partner, NATIONAL LEGAL SCHOLARS LAW FIRM, P.C., Bethesda, Maryland, for Petitioner. Kate S. O'Scannlain , Solicitor of Labor, Elena S. Goldstein , Deputy Solicitor of Labor, Jennifer S. Brand , Associate Solicitor, Sarah K. Marcus , Deputy Associate Solicitor, Megan E. Guenther , Counsel for Whistleblower Programs, James M. Morlath , Office of the Solicitor, UNITED STATES DEPARTMENT OF LABOR, Washington, D.C., for Respondent.

Petition denied by published opinion. Judge Wilkinson wrote the opinion, in which Judge Agee and Judge Floyd joined.

Petitioner Dr. Michael Peck is a Nuclear Regulatory Commission (NRC) employee who made disclosures to Congress and the NRC's Inspector General regarding health and safety risks at a nuclear power plant. After the NRC rejected his applications for promotions, he brought a whistleblower-retaliation complaint under 42 U.S...

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