Raymond J. Donovan, Secretary of Labor, United States Department of Labor v. Hahner, Foreman & Harness, Inc.
Court of Appeals for the Tenth Circuit
1Opinion of the Court
WILLIAM E. DOYLE, Circuit Judge.
A. Legal Origin
This action arises out of § 11(c) of the Occupational Safety and Health Act of 1970 (29 U.S.C. § 651 et seq.). Originally, Wayne Kidd, a former employee of defendant-appellant Hahner, Foreman and Harness filed a complaint with the Secretary of Labor alleging that Hahner had discriminated against him by discharging him for exercising his rights under the Act.
B. Was the 30-Day Filing Requirement an Impediment?
The position of the appellant at the trial was that Kidd’s complaint to the Secretary was filed beyond the 30-day time limit which is…
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