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Administrative Law Keyed to Schwartz
Yellow Freight System v. Martin
Citation:
954 F.2d 353 (1992)Facts
Thomas Moyer was hired by Yellow Freight as a truck driver in 1978. In February 1988, Moyer’s truck broke down, and while addressing the situation, he aggravated a pre-existing medical condition. Yellow Freight suspended Moyer for four days for leaving his truck unattended and failing to follow company procedures. Between June and October 1988, Yellow Freight issued Moyer four warning letters for being unavailable for dispatch without excuse. The final warning concerned Moyer’s absence on October 5, 1988, when he testified at a grievance proceeding for a fellow employee, Robert Lee, who had been fired after failing to report to work due to a back injury. Yellow Freight terminated Moyer on November 9, 1988. Moyer filed a complaint with the Secretary of Labor alleging retaliation for his refusal to drive while ill (a Section 405(b) issue). Throughout the administrative process, the focus remained on the Section 405(b) claim until the Secretary’s final decision, which found a violation of Section 405(a) based on retaliation for Moyer’s testimony at Lee’s grievance hearing.
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