Farrington v. Department of Transportation

 
APPEAL NO.
23-1901
OP. BELOW
OPINION
TBD
SUBJECT
MSPB
AUTHOR
TBD

Issue(s) Presented

1. “Did the Board err in applying the legislatively overruled Huffman holding denying full 5 U.S.C. Section 1221(e) contributing factor/clear and convincing evidence regime protections to disclosures made pursuant to Farrington’s ‘ordinary duties’ and ‘normal channels?’” 2. “Did the Board err in applying the heightened burden of proof standard of ‘reprisal’ prescribed by 5 U.S.C. Section 2302(f)(2) to Farrington’s disclosures?” 3. “Did the Board err in failing to protect the NTSB independent and external disclosure channel for Farrington and FAA employees who participate in air carrier accident investigations?” 4. “Did the Board err in failing to protect the voluntary internal FAA Division level disclosure channel for Farrington and MCO employees who accepted occasional open-door invitations to discuss any subject?” 5. “Did the Board err in affirming the AJ conclusion that Farrington could not have objectively reasonably believed the FAA and AirTrans violated regulatory and safety rules?”

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