United States DC Circuit

A plaintiff cannot, as a matter of law, make out a retaliatory discharge claim, under section 11(c) of the Occupational Safety and Health Act, 29 U.S.C. s 660(c), if his refusal to work was not protected activity under section 11(c)(2).

Appellate Information

• Decided 12/28/2001
• Published 12/28/2001

Judges

• Before:  HENDERSON, RANDOLPH and ROGERS, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Joanne Royce argued the cause for the appellant.  James R. Klimaski was on brief.


• For Appellees:
  
• Beverly M. Russell, Assistant United States Attorney, argued the cause for the appellees.  Kenneth L. Wainstein, Acting United States Attorney at the time the brief was filed, R. Craig Lawrence, Assistant United States Attorney, and Ann Rosenthal and John Shortall, Attorneys, United States Department of Labor, were on brief for the appellees.