[Download] "Yellow Freight System Inc. V. Martin" by United States Court Of Appeals For The Sixth Circuit # Book PDF Kindle ePub Free

May 31, 2021

eBook details

Title: Yellow Freight System Inc. V. Martin
Author : United States Court Of Appeals For The Sixth Circuit
Release Date : January 16, 1992
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 66 KB

Description

BOYCE F. MARTIN, JR., Circuit Judge. This case requires us to balance the need for expeditious resolution of employment discharge cases and the employer's right to a full and fair adjudicative process. In this case, Yellow Freight System, Inc., challenges the Secretary of Labor's decision that Yellow Freight violated 49 U.S.C. app. § 2305(a), which is part of the Surface Transportation Assistance Act of 1982. In this opinion, 49 U.S.C. app. § 2305(a) and 49 U.S.C. app. § 2305(b) will be referred to as § 405(a) and § 405(b), respectively, which are the section numbers used by Congress in the original act. In support of their challenge, Yellow Freight argues (1) the Secretary incorrectly interpreted § 405(a), and (2) the Secretary violated its due process rights by refusing to reopen the administrative hearing. For the following reasons, we refuse to enforce the Secretary's decision.