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Article: U.S. 4th Circuit: Calhoun v. United States Dept. of Labor
- Article from:
- The Daily Record (Baltimore)
- Article date:
- September 14, 2009
CopyrightCopyright 2009 The Daily Record (Baltimore). Provided by ProQuest LLC. (Hide copyright information)
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Labor & Employment
Protected activities
BOTTOM LINE: Where a UPS driver failed to show that his
excessively lengthy vehicle inspections were reasonably necessary to
make his vehicle safe, the inspections were not protected activities
under the Surface Transportation Assistance Act. Thus, the driver's
refusal to follow repeated orders to curtail the inspections and the
significant service delays they caused were legitimate, non-
discriminatory reasons for adverse action against him.
CASE: Calhoun v. United States Dept. of Labor, No 07-2157
(decided August 11, 2009) (Judges GREGORY, Duncan & Kiser (sitting
by designation)).
COUNSEL: Paul Otto Taylor, Truckers Justice Center, Burnsville,
MN, ...