Legal Opinion

Yellow Freight System, Inc. v. Lynn Martin, Secretary of the U.S. Department of Labor, Robert Spinner, Intervenor

Court of Appeals for the Second Circuit

Decided January 25, 1993No. 294, Docket 92-4074PublishedCited by 9 opinions

1Opinion of the Court

HEANEY, Senior Circuit Judge:

After administrative proceedings authorized under section 405 of the Surface Transportation Assistance Act of 1982 (“STAA”), 49 U.S.C.App. § 2305 (1988), the Secretary of Labor ordered Yellow Freight System, Inc. (“Yellow”) to reinstate a discharged employee and pay compensatory damages and back pay. Yellow appeals from that order. We affirm.

I

Federal Motor Carrier Safety Regulations require covered drivers to complete at the end of the day a “driver vehicle inspection report” that identifies the motor vehicle and any defects or deficiencies that would affect the…

2Cases cited5 opinions

  1. Granfinanciera, S.A. v. NordbergSupreme Court of the United States · 1989
  2. Morgan v. United StatesSupreme Court of the United States · 1936
  3. Brock v. Roadway Express, Inc.Supreme Court of the United States · 1987
  4. Kfc National Management Corp. v. National Labor Relations BoardCourt of Appeals for the Second Circuit · 1974
  5. National Labor Relations Board v. The Motor Convoy, Inc.Court of Appeals for the Fourth Circuit · 1982

3Cited by9 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. Koch Foods, Inc. v. Secretary, U.S. Dept. of Labor for Occupational Safety and HealthCourt of Appeals for the Eleventh Circuit · 2013
  4. Lynn Martin, Secretary of U.S. Department of Labor, Robert C. Spinner v. Yellow Freight System, Inc.Court of Appeals for the Second Circuit · 1993
  5. Michael Harrison v. Administrative Review Board, U.S. Department of Labor, Roadway Express, Inc., IntervenorCourt of Appeals for the Second Circuit · 2004

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