Legal Opinion

Joy P. Adams Roger D. Wensil v. Elizabeth H. Dole, Secretary of Labor, United States Department of Energy, Intervenor

Court of Appeals for the Fourth Circuit

Decided March 11, 1991No. 90-1747PublishedCited by 43 opinions

1Opinion of the Court

NIEMEYER, Circuit Judge:

Roger D. Wensil and Joy P. Adams, who claim to have been discharged from their employment at the Savannah River Plant, an atomic energy facility in Barnwell, South Carolina, because of “whistle-blowing,” filed complaints with the Department of Labor for retaliatory discharge under § 210 (the whistle-blower provision) of the Energy Reorganization Act (ERA), 42 U.S.C. § 5851 (1982). Because the plant is owned by the Department of Energy, the Department of Labor determined that § 210 does not apply to Wensil and Adams and dismissed the complaints for lack of jurisdiction.…

2Cases cited5 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Phelps Dodge Corp. v. National Labor Relations BoardSupreme Court of the United States · 1941
  3. National Railroad Passenger Corporation v. National Assn. of Railroad PassengersSupreme Court of the United States · 1974
  4. Federal Land Bank of St. Paul v. Bismarck Lumber Co.Supreme Court of the United States · 1941
  5. United States v. Bernette Floyd JacksonCourt of Appeals for the Fourth Circuit · 1985

3Cited by43 opinions

  1. Bausch & Lomb, Incorporated v. United StatesCourt of Appeals for the Federal Circuit · 1998
  2. James E. Stiltner v. Beretta U.S.A. CorporationCourt of Appeals for the Fourth Circuit · 1996
  3. Arizona State Board for Charter Schools v. U.S. Department of EducationCourt of Appeals for the Ninth Circuit · 2006
  4. United States v. LindhDistrict Court, E.D. Virginia · 2002
  5. Bricker v. Rockwell International Corp.Court of Appeals for the Ninth Circuit · 1993

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