Germann
Germann v. Department of Labor
Opinion
Lead Opinion
MEMORANDUM **
Petitioner Robert E. Germann (“Germann”) seeks review of the final decision and order of the Administrative Review Board of the Department of Labor (“ARB”) denying him relief in this wrongful termination action on issue-preclusion grounds. We have jurisdiction to review pursuant to 28 U.S.C. § 1291 and 49 U.S.C. § 31105 , and we affirm.
I.
CalMat mixes and transports cement products on public highways in California. It is regulated under federal and state statutes, saliently those that set limits on the number of hours a driver can spend on the road. Germann worked at CalMat for over 20 years and served as a union steward.
In April 1998, Germann learned that a management employee had solicited drivers to exceed their hourly limits. He complained to the management and spoke to the drivers involved. He also informed the California Highway Patrol of CalMat’s alleged hours violations. In May 1998, CalMat suspended Germann for 22 days. In November 1998, Germann was terminated. Calmat Co. v. DOL, 364 F.3d 1117, 1120-21 (9th Cir.2004).
In response to the suspension and termination, Germann filed three separate actions — two Occupational Safety and Health Administration…