Brink's, Inc. v. Herman

LEVAL, Circuit Judge:

Brink’s Inc. (“Brinks”), an armored car delivery company, discharged the intervenor Joseph A. Caimano, a messenger in its employ, when he refused to go out on his daily run. Caimano filed a complaint with the U.S. Department of Labor, alleging that he was discharged for raising safety concerns and for refusing to work in an unsafe vehicle, and that his discharge therefore violated §§ 405(a) and (b) of the Surface Transportation Assistance Act of 1982 (“STAA”), 49 U.S.C. app. § 2305.1

A hearing was held before an Administrative Law Judge (“ALJ”) who found that Brinks had…