Legal Opinion

Castle Coal & Oil Company, Inc. v. Robert B. Reich, Secretary of Labor, United States Department of Labor

Court of Appeals for the Second Circuit

Decided April 26, 1995No. 991, Docket 94-4125PublishedCited by 14 opinions

1Opinion of the Court

PARKER, Circuit Judge:

The issue presented in this petition for review is whether the Secretary of Labor properly found that Castle Coal & Oil Company, Inc. discharged Ralph Clay in violation of § 405(a) and § 405(b) of the Surface Transportation Assistance Act, 49 U.S.C. app. § 2305 (1988). For the following reasons, we grant the petition and set aside the Secretary’s Decision and Order of Remand of November 12, 1991 and Final Decision and Order of June 3, 1994, and direct the Secretary to adopt the ALJ’s July 18, 1991 Decision and Order dismissing the complaint in its entirety.

Facts

A.…

2Cases cited2 opinions

  1. National Labor Relations Board v. Columbian Enameling & Stamping Co.Supreme Court of the United States · 1939
  2. Yellow Freight Systems, Inc. v. Robert B. Reich, Secretary of Labor, and John A. ThomCourt of Appeals for the Second Circuit · 1994

3Cited by14 opinions

  1. Calmat Company v. U.S. Department of Labor, Administrative Review Board Robert E. GermannCourt of Appeals for the Ninth Circuit · 2004
  2. Clean Harbors Environmental Services, Inc. v. Alexis M. Herman, Secretary, United States Department of Labor and Thomas Dutkiewicz, IntervenorCourt of Appeals for the First Circuit · 1998
  3. Bsp Trans, Inc. v. United States Department of Labor, Robert Michaud, IntervenorCourt of Appeals for the First Circuit · 1998
  4. Pythagoras General Contracting Corp. v. United States Department of LaborDistrict Court, S.D. New York · 2013
  5. Brink's, Inc. v. HermanCourt of Appeals for the Second Circuit · 1998

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