A train technician missed his deadline to appeal against the dismissal of his trial claiming he was fired to report a security breach at the workplace.
In Sparre against the US Department of Labor a three-legged panel in the 7th US Circuit Court of Appeals unanimously confirmed on Friday an administrative review rejection of the engineer's petition for examination of his complaint.
John Sparre worked for Norfolk Southern Railway Co., based in Norfolk, Virginia, and in March 2010 reported a security breach to the Federal Railroad Administration which resulted in a $ 8,000 fine against the railway company. In November 2014, Sparre closed to exceed the speed limit during the operation of a train. He filed a complaint with U.S. Occupational Safety and Health Administration claiming that he was terminated in retaliation for his 201
Mr. Sparre then requested a hearing before a judge of administrative law who granted Norfolk's draft summary assessment after no evidence that Sparre's protected business was a contributing factor in the railway company's decision to terminate him four years later. ALJ's decision also gave a 14-day timeline where Mr Sparre could petition for review. He raised his appeal 30 days later with the 7th circuit instead of requesting the Administrative Review Committee.
U.S. The Department of Labor moved to reject its claim that he had not exhausted his administrative remedies, as the Appellate Court claimed to the Board. The board agreed with the Ministry of Labor and issued a final order confirming the judge's judgments.
Mr. Sparre again appealed, but the appeal court again dismissed its appeal as unclear. The court claimed that Sparre missed the fine day by 16 days and found that the board's reasoning for finding the appeal was undoubtedly not arbitrary or pleasurable.
Although Sparre said his delay in filing was due to extraordinary circumstances, the board found that this "smorgasbord of arguments" did not show extraordinary circumstances, and the appeal court agreed.
The Court therefore denied Sparre's petition for review and confirmed the Board's dismissal of his petition.
John Duffey, a partner with Stuart & Branigin LLP in Lafayette, Indiana, representing Norfolk, said the court made a good decision. Mr Sparre's lawyer did not immediately request a comment.