United States Department of Labor Office of Administrative Law Judges Boston, Massachusetts
UNITED STATES DEPARTMENT OF LABOR OFFICE OF ADMINISTRATIVE LAW JUDGES BOSTON, MASSACHUSETTS Issue Date: 12 July 2016 ALJ NO: 2014-SPA-00004 In the Matter of JOHN R. LOFTUS, Complainant, v. HORIZON LINES, INC., Respondent, and MATSON ALASKA, INC., Successor-in-Interest. Before: Jonathan C. Calianos, Administrative Law Judge Appearances: Charles C. Goetsch, Esq., Charles C. Geotsch Law Offices, LLC, New Haven, Connecticut, for the Complainant Kevin S. Joyner, Esq., Ogletree, Deakins, Nash, Smoak & Stewart, P.C., Raleigh, North Carolina, for the Respondent DECISION AND ORDER AWARDING DAMAGES I. Statement of the Case This proceeding arises under the whistleblower protection provisions of the Seaman's Protection Act ("SPA"), 46 U.S.C. § 2114(a), as amended by Section 611 of the Coast Guard Authorization Act of 2010, P.L 111-281, and as implemented by 29 C.F.R. § 1986. On June 20, 2013, John Loftus ("Loftus" or "Complainant") filed a complaint with the U.S. Department of Labor's Occupational Safety and Health Administration ("OSHA") alleging his employer, Horizon Lines, Inc. ("Horizon"), unlawfully retaliated against him. Specifically, Loftus alleges Horizon constructively discharged him for reporting to the United States Coast Guard ("USCG") and its agent, the American Bureau of Shipping ("ABS"), what he believed to be violations of maritime safety law and regulations on the ship he worked as Master. On August 6, 2014, OSHA's Assistant Regional Administrator issued an order dismissing Loftus's complaint on behalf of the Secretary of Labor ("Secretary") concluding a prior arbitration proceeding concerning the same allegations correctly resulted in Horizon's favor.
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