Western Truck Manpower, Inc. v. U.S. Department of Labor

943 F.2d 56 1991 O.S.H.D. (CCH) P 29,457 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. WESTERN TRUCK MANPOWER, INC., Petitioner, v. U.S. DEPARTMENT OF LABOR, Respondent. No. 90-70430. United States Court of Appeals, Ninth Circuit. Argued and Submitted Aug. 16, 1991. Decided Sept. 6, 1991. 1 Before WILLIAM A. NORRIS and DAVID R. THOMPSON, Circuit Judges, and KING, District Judge * . 2 MEMORANDUM ** 3 This case is before us on a petition for review of a final order of the Secretary of Labor determining that Western Truck Manpower, Inc. (Western) violated section 2305(b) of the Surface Transportation Assistance Act of 1982 (STAA), 49 U.S.C. § 2305 (b) (Supp.1991). We have jurisdiction pursuant to 49 U.S.C. § 2305 (d)(1) (Supp.1991). We vacate the Secretary's decision and remand for further proceedings. 4 * Western Truck Manpower, Inc. operates as a leasing agent for truck drivers. Beginning March 1976, Western leased the services of Hubert Palmer to Ryerson Steel.…