Department of Labor
Planet Airways terminated the Director of Operations (“DO”) for misconduct. The DO filed an OSHA complaint that was ruled in favor of Planet. The DO then filed an appeal that was also ruled in favor of Planet. The DO’s termination with cause was upheld and he was awarded no money at any time.
US DEPARTMENT OF LABOR, ADMINISTRATIVE REVIEW BOARD; ALJ CASE NO. 02-AIR-19 ARB CASE NO. 04-056 April 28, 2006 FRANK BARBER, Complainant v. PLANET AIRWAYS, INC., Respondent FINAL ORDER: http://www.scribd.com/doc/1737345/Department-of-Labor-04-056
-“On February 15, 2002, Planet Airway’s fired Barber.”
-“Barber filed a complaint with the Occupational Safety and Health Administration (“OSHA”) on February 22, 2002, alleging that Planet had terminated his employment in retaliation for raising safety concerns. OSHA dismissed the complaint, and Barber requested an administrative hearing, which was held on February 11–14, 2003.”
-“Instead, the ALJ found that Planet fired Barber because he sexually harassed employees, retaliated against other employees for raising safety issues with the FAA, and maintained an inappropriate relationship with Halloran, the FAA inspector. The ALJ concluded that Planet fired Barber for non-discriminatory reasons unrelated to his protected activity, and therefore denied his AIR 21 claim.”
-“Finally… the ALJ found that Barber ‘seemed to be conspiring with to the detriment of Planet’ –together, they intimidated Planet’s employees and forced Planet’s owners to make personnel decisions that Barber and she wanted. The ALJ correctly found that this ‘inappropriate’ and ‘unusual’ personal relationship between a high-ranking airline official and an FAA inspector charged with regulating that airline contributed to Barber’s firing, not the safety concern reported to Halloran.”
-“CONCLUSION: Substantial evidence in the record as a whole supports the ALJ’s finding that Planet did not fire Barber because of his protected activity... Furthermore, we have considered, but rejected, Barber’s arguments on appeal. Accordingly, we DENY the complaint. SO ORDERED. Wayne C. Beyer, Administrative Appeals Judge; Oliver M. Transue, Administrative Appeals Judge.”
Administrative DOT Processes Fails protect Whistleblowers: Barber filed a civil lawsuit which is a venue that does not allow heresay evidence of which most of Planet's DeCamillus and Rodriguez's testimony consisted. Barber was awarded a $400,000+judgement against Planet Airways by the court thus making a sham of all the false allegations by Planet to cover-up its firing Barber for engaging in protected whistle blowing. The FAA and DOT shutdown Plate Airways in 2005 for failing to properly maintain its aircraft, the very same charge that Barber was retaliated against for exposing.
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