BROCK V. ROADWAY EXPRESS, INC.
481 U.S. 252 (1987)
NATURE OF THE CASE: This was a dispute over a whistleblower statute.
FACTS: The Surface Transportation Assistance Act had a whistleblower provision that took
effect when a transportation industry employee complained to the secretary of labor that he
was discharged for whistle blowing. The secretary investigates and if it determines that
there was reasonable cause to believe the employee, an order was issued that directed the
employer to place the employee back on the payroll. The employer could then request a
hearing and final decision but until that determination the employer had to keep the
employee on the payroll. Employers claimed that this unconstitutionally deprived them of
procedural due process. Roadway Express discharged a driver for misconduct and OSHA ordered
temporary reinstatement for whistle blowing. A full hearing was held 19 months later. The
district court ruled in favor of Roadway. The Supreme Court granted certiorari.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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