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Type
Opinion
Filed
June 17, 2022
Case
Robert Kreb v. Usdol
Case status
Decided

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FILED NOT FOR PUBLICATION JUN 17 2022 UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT ROBERT KREB, No. 20-73497 Petitioner, LABR No. ARB Case No. 2018-0065 v. U.S. DEPARTMENT OF LABOR, MEMORANDUM* Respondent. On Petition for Review of an Order of the Department of Labor Submitted June 16, 2022** Before: WALLACE, FERNANDEZ, and SILVERMAN, Circuit Judges Robert Kreb petitions for review of a final order of the Department of Labor Administrative Review Board dismissing his complaint alleging that his employer fired him in violation of 49 U.S.C. § 42121. We have jurisdiction pursuant to 49 U.S.C. § 42121(b)(4)(A). We affirm the Board’s decision, unless it is arbitrary, * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). capricious, an abuse of discretion, or otherwise not in accordance with law or the factual findings are unsupported by substantial evidence in the record as a whole. 5 U.S.C. § 706(2); Calmat Co. v. U.S. Dep’t of Labor, 364 F.3d 111…

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