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THOMAS SYSCO FOOD SERVICES v. MARTIN

No. 91-3997.

983 F.2d 60 (1993)

THOMAS SYSCO FOOD SERVICES, Petitioner, v. Lynn MARTIN, Secretary, United States Department of Labor, Respondent.

United States Court of Appeals, Sixth Circuit.

Decided January 12, 1993.

Attorney(s) appearing for the Case

Frank H. Stewart (briefed), and Doreen Canton (argued), Taft, Stettinius & Hollister, Cincinnati, OH, for petitioner.

Eloise Clark, Edward Falkowski (argued and briefed), and Cynthia Attwood and Barbara Werthmann, U.S. Dept. of Labor, Office of the Sol., Washington, DC, for respondent.

Before: MARTIN and SILER, Circuit Judges; and CLELAND, District Judge.

SILER, Circuit Judge.

Petitioner, Thomas Sysco Food Services ("Employer"), appeals the Secretary of Labor's decision finding it violated § 405(b) of the Surface Transportation Assistance Act (49 U.S.C. App. § 2305(b)) ("Act") when it issued a verbal warning to an employee who refused to report to work as a truck driver on the advice of a physician because of his use of the drug Valium. As the verbal warning had been removed from the employee's record prior...

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