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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.

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