21 December 2020 Case No.: 2018-AIR-00041 in the Matter Of
U.S. Department of Labor Office of Administrative Law Judges 2 Executive Campus, Suite 450 Cherry Hill, NJ 08002 (856) 486-3800 (856) 486-3806 (FAX) Issue Date: 21 December 2020 Case No.: 2018-AIR-00041 In the Matter of KARLENE PETITT Complainant v. DELTA AIR LINES, INC. Respondent DECISION AND ORDER GRANTING RELIEF This matter arises under the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century (“AIR 21”), which was signed into law on April 5, 2000. See 49 U.S.C. § 42121. The Act includes a whistleblower protection provision, with a Department of Labor complaint procedure. Implementing regulations are at 29 C.F.R. Part 1979, published at 68 Fed. Reg. 14,100 (Mar. 21, 2003). The Decision and Order that follows is based on an analysis of the record, including items not specifically addressed the arguments of the parties, and the applicable law. I. PROCEDURAL BACKGROUND Complainant filed an AIR 21 complaint with the Occupational Safety and Health Administration (“OSHA”) on June 6, 2016. In its July 13, 2018 letter, OSHA, acting on behalf of the Secretary, found that the parties are covered under the Act, but there was insufficient evidence to establish reasonable cause that a violation occurred. Accordingly, OSHA dismissed the complaint. On August 1, 2018, Complainant objected to OSHA’s findings and requested a formal hearing before the Office of Administrative Law Judges. Subsequently, on August 27, 2018, this matter was assigned to the undersigned. On August 28, 2018, this Tribunal issued the Notice of Assignment and Conference Call. Complainant responded to the Notice of Assignment by letter dated September 6, 2018, and attached her statement, which was originally transmitted as part of her Complaint to OSHA.
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