Krahn

MEMORANDUM **

Greg Krahn petitions for review of an order of the Department of Labor, Administrative Review Board (“ARB”) denying his complaint against United Parcel Service of America, Inc. (“UPS”). Krahn alleges that UPS fired him in violation of the Surface Transportation Assistance Act (“STAA”), 49 U.S.C. § 31105 , for refusing to violate the speed limit and drive in an unsafe truck. The ARB concluded that Krahn did not engage in an activity protected under the STAA because UPS did not require him to drive at illegal speeds and there was no evidence Krahn’s truck was unsafe. We have jurisdiction to re *684 view the decision pursuant to 49 U.S.C. § 31105 (d).

Substantial evidence supported the ARB’s finding that UPS did not require Krahn to violate speeding laws. See 49 U.S.C. § 31105 (a)(l)(B)(i) (providing that an employer may not terminate an employee for refusing to violate traffic laws); Calmat Co. v. U.S. Dep’t of Labor, 364 F.3d 1117, 1121 (9th Cir.2004) (ruling that the court must uphold the ARB’s factual findings if they are supported by substantial evidence). The evidence showed that UPS did not require Krahn to drive above the posted speed limit; rather, Krahn’s…