In Bailey v. Consolidated Rail Corporation, the Administrative Review Board (“ARB”) of the Department of Labor (“DOL”) upheld an order of reinstatement by the administrative law judge (“ALJ”) who heard the case.  The Board found that Consolidated Rail Corporation (“Conrail”) had failed to demonstrate anything “exceptional” about this case which would lead to overturn its [...]

Aviation safety whistleblowers saw a welcome decision come out of the Administrative Review Board (“ARB”) of the Department of Labor (“DOL”) on January 31, 2013, in the case of Van v. Portneuf Medical Center.  The case, brought by helicopter mechanic Mark Van, alleged that Portneuf Medical Center (“PMC”) violated the anti-retaliation provisions of the Wendell [...]

Railroad whistleblowers welcomed a decision handed down by the Administrative Review Board (“ARB”) of the Department of Labor (“DOL”) on December 21, 2012, in the case of Vernace v. Port Authority Trans-Hudson Corp.  While the amount awarded to Laura Vernace, a Port Authority Trans-Hudson Corporation (“PATH”) employee, was nominal, the case illustrates an important point: [...]

A trucker whistleblower who was terminated after he refused to operate his truck under unsafe conditions will finally be receiving compensation for his damages as a result of a recent ruling by the Administrative Review Board (“ARB” or “the Board”) of the Department of Labor (“DOL”).  Peter Klosterman sued E.J. Davies, Inc. (“Davies”), in early [...]

The Administrative Review Board (“ARB”) of the U.S. Department of Labor (“DOL”) vacated another dismissal by an administrative law judge (“ALJ”) last week in a whistleblower case brought under the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century (“AIR 21”).  In Nagle v. Unified Turbines, Inc., John Nagle alleged that Unified [...]

The Administrative Review Board (“ARB”) of the U.S. Department of Labor (“DOL”) vacated a summary judgment decision by an administrative law judge (“ALJ”) in the case of a nuclear whistleblower and remanded the case for further proceedings.  In Robinson v. Triconex Corp., David Robinson filed a complaint under the whistleblower protection provisions of the Energy Reorganization [...]

The Administrative Review Board (“ARB”) of the U.S. Department of Labor (“DOL”) upheld the decision of an administrative law judge (“ALJ”) dismissing a whistleblower retaliation complaint made by an employee of the United Parcel Service (“UPS”).  Samuel J. Bucalo filed a complaint in March of 2008, alleging that UPS and Teamsters Local 100 colluded to [...]

The Administrative Review Board (“ARB”) of the Department of Labor (“DOL”) ruled in favor of a railroad whistleblower on February 29, 2012.  In the case of DeFrancesco v. Union Railroad Company, the ARB decided that an administrative law judge (“ALJ”) had erred when he dismissed a whistleblower case brought under the Federal Rail Safety Act [...]

The Administrative Review Board (“ARB”) of the Department of Labor (“DOL”) ruled in favor of an environmental whistleblower late last month.  On February 29, 2012, in the case of Lee v. Parker-Hannifin Corporation, Advanced Products Business Unit, the ARB decided that an administrative law judge (“ALJ”) had erred when he dismissed a case brought under [...]

The Sixth Circuit ruled in favor of the employer yesterday in Yadav v. L-3 Communications Corp., a case brought under the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century (“AIR21”).  The case involved an employee, Avinash Yadav, who alleged that he had been terminated in retaliation for complaining to his supervisors [...]