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| October 3, 2008 DOL Home > OALJ Home > USDOL/OALJ Reporter |
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USDOL/OALJ Reporter Friday v. Northwest Airlines, Inc., 2003-AIR-32 (ALJ June 30, 2003)
Issue Date: 30 June 2003 CASE NO. 2003-AIR-0032 In the Matter of:
CRAIG FRIDAY,
vs.
NORTHWEST AIRLINES, INC.,
FOR INITIAL DETERMINATION On May 23, 2003, the Seattle office of the Occupational Safety & Health Administration forwarded a complaint filed by Mr. Friday to the Office of Administrative Law Judges. The complaint, filed under the employee protection provisions of Section 519 of the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century; 49 U.S.C. § 42121 ("AIR-21") alleged that Northwest had terminated Friday's employment, publicly slandered him before a federal arbitrator and other government officials, and denied him the right to file a labor grievance under the Railroad Labor Act, 45 U.S.C. § 151 et seq. Friday alleges that these acts are adverse personnel actions motivated by his previous AIR-21 complaints and his continued efforts to inform government agencies and officials about ongoing safety concerns at Northwest. The OSHA regional administrator opined that the issues addressed in the complaint were substantially similar to complaints previously filed by Mr. Friday, 2003-AIR-19 and 20, which were pending before the OALJ, and requested that the complaint be consolidated with those actions. Generally, the governing rules permit the consolidation of multiple hearings "when the same or substantially similar evidence is relevant and material to the matters at issue at each such hearing," 29 C.F.R. §§ 18.11, 1979.107(a). In as much as cases which Complainant Friday previously filed (2002-AIR-0019 and 2003-AIR-0020) have been dismissed on a Motion for Summary Judgment, there is no case pending here with which the captioned case can be consolidated for hearing. Accordingly, the case is remanded to the Occupational Safety and Health Administration.
ALEXANDER KARST
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