Hafer

MEMORANDUM **

Timothy Hafer (“Hafer”) challenges the decision of the U.S. Department of Labor Administrative Review Board (“Board”). The Board dismissed Hafer’s “whistleblower” protection complaint against United Airlines (“United”) after a district court issued an order confirming United’s reorganization plan under Chapter 11 of the United States Bankruptcy Code (“Confirmation Order”). We review the Board’s decision de novo, Am. Fed’n of Gov’t Employees v. Fed. Labor Relations Auth., 204 F.3d 1272 , 1275 (9th Cir.2000), and we affirm.

An OSHA investigator determined that Hafer’s complaint, filed against United under 49 U.S.C. § 42121 (a) of the Wendell H. Ford Aviation Investment and Reform Act for the 21 st Century (“AIR 21”), was meritless. An Administrative Law Judge later dismissed Hafer’s appeal of the Occupational Safety and Health Administration (“OSHA”) investigator’s determination. Hafer appealed to the Board. In 2002, the Board stayed Hafer’s claim pursuant to United’s voluntary petition for bankruptcy. In 2006, after the bankruptcy judge confirmed United’s reorganization plan, the Board dismissed Hafer’s pending appeal because the claim had been discharged in the…