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Category Archives: Trucker whistleblowers

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Truck Safety victory in Congress

Posted in Trucker whistleblowers
My friends at the Truck Safety Coalition are reporting a victory for truck safety advocates in yesterday’s deal between the House and Senate for transportation reauthorization.  The Senate bill, called MAP-21, included a number of truck safety initiatives, and those have survived in the final deal. A number of the new provisions will have implications for truck driver whistleblowers.  Most… Continue Reading

OSHA orders reinstatement of Memphis truck driver

Posted in Trucker whistleblowers
Yesterday, the Occupational Safety and Health Administration (OSHA) office in Atlanta, Georgia, issued an order reinstating truck driver William Beecher.  As soon as he recovers from an unrelated temporary disability, he can return to work for United Auto Delivery and Recovery and the Memphis Auto Auction. OSHA found that the owners of these two companies operate them as one business,… Continue Reading

Michigan truck driver wins against Domino’s

Posted in Trucker whistleblowers
The Department of Labor’s Administrative Review Board (ARB) issued a ruling last month finding in favor of whistleblower Lavan Williams against his former employer, Domino’s Pizza on claims of retaliatory firing. The ARB’s decision affirms an order by the Administrative Law Judge (ALJ) in favor of Williams. It has now been over three years since Williams filed his claim for… Continue Reading

Amicus briefs address OSHA complaints and protected activity

Posted in Corporate Whistleblowers, Department of Labor, Environmental Whistleblowers, Trucker whistleblowers, Whistleblower FAQ
My colleague, Stephen M. Kohn (Executive Director of the National Whistleblowers Center) and I spent New Year’s Eve racing the clock to file two friend-of-the-court "amicus" briefs with the Department of Labor’s Administrative Review Board (ARB). Last November, the ARB issued an invitation to file amicus briefs to address a series of questions about the requirements for valid whistleblower complaints.… Continue Reading

Truck safety whistleblower wins ARB remand

Posted in Trucker whistleblowers
Barrett Riess worked for Nucor Corporation as Traffic Department Manager from August 4, 2002, until Nucor discharged him on January 15, 2007. He worked in Grapeland, Texas. He had no discipline until he was fired. James Landrum, Grapeland Division Vice President and General Manager, was Riess’s supervisor and made the decision to fire Riess. On January 9, 2007, Riess raised… Continue Reading

DOL issues new regulations for whistleblower cases

Posted in Department of Labor, Legislation, Trucker whistleblowers, Whistleblower FAQ
Today the Department of Labor has issued new regulations for whistleblower claims under four new laws. These laws include two laws included in the 2007 law that adopted recommendations of the 9/11 Commission, the National Transit Systems Security Act (NTSSA) and the Federal Railroad Safety Act (FRSA). This law also updated provisions of the Surface Transportation Assistance Act (STAA) which… Continue Reading

Sixth Circuit sees “injustice that threatens the purposes” of the STAA and reinstates whistleblower case

Posted in Department of Labor, Trucker whistleblowers
I am pleased to announce that today the Sixth Circuit U.S. Court of Appeals has reversed a decision of the U.S. Department of Labor’s Administrative Review Board (ARB) and reinstated the whistleblower claim that my client Harry Smith made against the trucking company CRST. In the photo, Harry Smith stands between his wife and fellow truck driver Scooter McNutt. Smith… Continue Reading

Seventh Circuit affirms reinstatement for truck safety whistleblower Peter Cefalu

Posted in Department of Labor, Trucker whistleblowers
Yesterday, the Seventh Circuit U.S. Court of Appeals affirmed a reinstatement order from the Department of Labor’s Administrative Review Board (ARB). The decision keeps truck driver Peter Cefalu on the job driving for Roadway Express. The Seventh Circuit considered a previous appeal by Roadway Express and decided that the company deserved a chance to prove that it would be unsafe… Continue Reading

Federal judge awards truck driver $153,870 plus reinstatement

Posted in Department of Labor, Trucker whistleblowers
Federal Administrative Law Judge Daniel Leland issued an order yesterday reinstating truck driver Cynthia Ferguson to her job with New Prime, Inc. He also awarded her $26,601 in back pay, $2,269 in compensation for her personal property, $50,000 in compensatory damages, and $75,000 in punitive damages for conduct that "was both reprehensible and inimical to the purpose of the Act."… Continue Reading

Truck safety public hearings scheduled

Posted in Trucker whistleblowers
My friends at the Truck Safety Coalition provide the following information about public hearings on proposed new Hours-of-Service (HOS) rules. As part of the process of preparing for the new Hours of Service proposed rulemaking, the Federal Motor Carrier Safety Administration (FMCSA) is holding three public listening sessions to solicit comments.  The public can also submit comments to the docket… Continue Reading

USDOT IG honors Metro bridge safety whistleblower

Posted in Government Whistleblowers, News, Trucker whistleblowers
U.S. Department of Transportation Inspector General Calvin Scovel III issued a letter of commendation to Steve T. Mackey, a former bridge manager for Metro’s Silver Line extension to Dulles Airport.  According to a story in today’s Washington Post, Dulles Transit Partners overruled Mackey’s concerns and decided to use 11 foundations abandoned in the 1970’s without testing them to determine if… Continue Reading

Eighth Circuit says not so fast on STAA amendments

Posted in Trucker whistleblowers
Today the Eighth Circuit U.S. Court of Appeals held that 2007 amendments to the whistleblower protection for truck drivers is not retroactive.  In Elbert v. True Value Company, Case No. 08-1222 (8th Cir. 2008-12-19), the Court said that Timothy Elbert did not have a right in 2007 to file in federal district court a claim against his 2005 discharge.  The… Continue Reading