Usdol

FILED

NOT FOR PUBLICATION

OCT 25 2021

UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

BERNADINE POULTER, No. 20-72978

Petitioner, LABR-1: ARB No. 2018-0056

v.

MEMORANDUM*

U.S. DEPARTMENT OF LABOR;

ADMINISTRATIVE REVIEW BOARD,

Respondents,

CENTRAL CAL TRANSPORTATION,

LLC; RYAN ROTAN,

Intervenors.

On Petition for Review of an Order of the Department of Labor

Argued and Submitted October 8, 2021 Portland, Oregon

Before: W. FLETCHER, IKUTA, and BRESS, Circuit Judges. Dissent by Judge W. FLETCHER

Bernadine Poulter petitions for review of a final decision and order issued by

the U.S. Department of Labor Administrative Review Board (ARB) which

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. reversed a ruling by the Administrative Law Judge (ALJ) finding in favor of

Poulter. We have jurisdiction under 49 U.S.C. § 31105(d), and we deny the

petition.

Poulter argues that the ARB erred in holding that the ALJ’s finding that

Poulter had engaged in an activity protected…