Koch Foods, LLC v. Secretary, U.S. Dept. of Labor, et al

Koch Foods appealed 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), 49 U.S.C. 31105(a)(1)(B)(i), by firing its employee, respondent Timothy Bailey. Bailey argued that he was fired for refusing to drive a vehicle he believed was overweight in violation of state and federal law. After reviewing the plain language of the provision and its statutory context, as well as the relevant statutory history, the court held that the phrase "refuses to operate a vehicle because ... the operation violates a regulation, standard, or order," as used in section 31105(a)(1)(B)(i), referred only to circumstances in which operation would result in an actual violation of law. Accordingly, the court vacated the ARB's decision and remanded so that the ARB could evaluate whether the operation of Bailey's assigned vehicle would have resulted in an actual violation of a regulation, standard, or order related to commercial motor vehicle safety, health, or security. View "Koch Foods, LLC v. Secretary, U.S. Dept. of Labor, et al" on Justia Law