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Wood v. Department of Labor

Dismissal of complaint challenging Secretary of Labor's decision not to bring suit for retaliatory discharge under OSHA on plaintiff's behalf affirmed; plaintiff could not make out a retaliatory discharge claim because Assistant Secretary of OSHA determined that plaintiff's refusal to work was not protected activity under OSHA and that employer did not violate the Act by discharging him.

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Argued September 7, 2001

Appellant Roger Wood seeks review of the district court’s dismissal of his appeal from the decision of the Department of Labor (DOL) declining to file suit on his behalf for retaliatory discharge under section 11(c) of the Occupational Safety and Health Act (Act), 29 U.S.C. s 660(c). The district court held that the DOL’s decision not to sue was committed to the agency’s discretion by law and thus not subject to judicial review pursuant to the United States Supreme Court’s decision in Heckler v. Chaney, 450 U.S. 821 (1985). In light of the limited issue Wood raises on appeal, we affirm the district court’s dismissal of his complaint but on a different ground.

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