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Brock v. Roadway Express, Inc.

United States Supreme Court
481 U.S. 252 (1987)


Roadway Express, Inc. (Roadway Express) (plaintiff) fired Hufstetler for alleged misconduct. Hufstetler filed a complaint with the Occupational Safety and Health Administration (OSHA) (defendant). Hufstetler claimed that he had been fired in retaliation for his reporting of safety violations. In accordance with the whistleblower provision in the Surface Transportation Act of 1982, OSHA investigated the complaint and ordered Hufstetler’s temporary reinstatement. During the investigation, Roadway Express was permitted to present evidence to OSHA but could not respond to evidence Hufstetler presented. Specifically, OSHA declined to present Roadway Express with a list of the witnesses to be used against Roadway Express. OSHA held a full hearing 19 months after ordering Hufstetler’s reinstatement. Roadway Express brought suit claiming that OSHA’s temporary reinstatement order violated its procedural due process rights. The United States Supreme Court granted certiorari.

Rule of Law


Holding and Reasoning (Marshall, J.)

Concurrence/Dissent (White, J.)

Concurrence/Dissent (Stevens, J.)

Concurrence/Dissent (Brennan, J.)

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