ing that point out an employer’s safety violations. 49
U.S.C. § 31105(a)(1).
Cefalu worked as a commercial truck driver for Roadway
from November 22, 1999, to February 21, 2002. He be-
longed to Teamsters’ Local 200, as did Jonathan Gomaz,
another Roadway driver. After Roadway discharged Gomaz
for allegedly falsifying his driving log, Gomaz filed a
grievance. In the ensuing proceedings, Cefalu provided a
written, notarized statement asserting that a Roadway
supervisor had asked Cefalu to falsify his driving log. The
grievance panel reinstated Gomaz.
Thomas Forrest, Roadway’s manager for labor rela-
tions, attended the grievance hearing. After it was over, he
telephoned Robert Schauer, the assistant terminal man-
ager at Roadway’s Milwaukee facility, to inform him of the
reinstatement. Forrest claimed that he did not tell Schauer
about Cefalu’s statements. Later that same afternoon,
February 21, however, Schauer participated in a confer-
ence call with Phillip Stanoch, Roadway’s vice-president
for labor relations, and Mike Jones, Roadway’s relay
manager. After the call, Jones called in a union represen-
tative, telephoned Cefalu, and then fired Cefalu for
falsifying his employment application. Cefalu filed a
complaint with OSHA on August 19, 2002, alleging that
Roadway had violated the STAA when it discharged him.
After OSHA dismissed his complaint for lack of merit,
Cefalu appealed and his case was assigned to an ALJ.
At that point, Cefalu served interrogatories on Roadway,
including one asking the company to identify all persons
who provided information relevant to his discharge.
Roadway refused to furnish the name of the confidential
source who first informed the company about Cefalu’s
driving record. Roadway claimed that revealing its
source would put the informant at risk of retaliation
and hurt its business operations. The ALJ rejected this