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Migratory bird

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First, I want to thank you for protecting Michigan's state bird.

What type of work was being done at the site that required all work to halt because of the bird's nest? Robins often nest in populated urban areas so most work would not disturb a robin and its nest, eggs, or baby birds.
It was a cell tower site. Anytime there is a migratory bird nest within the fence enclosing the tower site, it's a 45 day shutdown. The work involved raising antennas and radio units up to the site on the tower. Also the rebuild of the equipment on the ground
 


To whom did you report the bird’s eggs? Someone in the company, or a government agency? If a government agency, which one? And how much pay did you lose over reporting this (as opposed to the 45 days of time off that everyone might have got due to the shut down)?
I reported them to my foreman, whom was the next person up the chain from me. He then called the contractor. They informed the tower owners, who then notify wildlife. I lost potentially 1,500 or so. Everyone else still worked as jobs are plentiful in the cellular industry.
 

quincy

Senior Member
I reported them to my foreman, whom was the next person up the chain from me. He then called the contractor. They informed the tower owners, who then notify wildlife. I lost potentially 1,500 or so. Everyone else still worked as jobs are plentiful in the cellular industry.
You reported the nest as you needed to do and your work near the nest was halted as was necessary.

Although the company you work for potentially could have applied for a federal permit to relocate the nest (on "commercial interests" grounds), I am not sure under the described circumstances that a permit would have been granted anyway.

I do not see that you have any legal action to pursue. Until the eggs hatch and the birds leave the nest, work that would disturb the nest must stop - as it did.
 

not2cleverRed

Obvious Observer
You reported the nest as you needed to do and your work near the nest was halted as was necessary.

Although the company you work for potentially could have applied for a federal permit to relocate the nest (on "commercial interests" grounds), I am not sure under the described circumstances that a permit would have been granted anyway.

I do not see that you have any legal action to pursue. Until the eggs hatch and the birds leave the nest, work that would disturb the nest must stop - as it did.
True. But apparently the other employees were assigned work at other locations in the interim, while OP was furloughed.

I reported them to my foreman, whom was the next person up the chain from me. He then called the contractor. They informed the tower owners, who then notify wildlife. I lost potentially 1,500 or so. Everyone else still worked as jobs are plentiful in the cellular industry.
 

quincy

Senior Member
True. But apparently the other employees were assigned work at other locations in the interim, while OP was furloughed.
It appears only Towerdawgdonnie's work interfered with the nest ... but I understand your point.

I still see no legal action available to pursue.
 
This doesn't fit the definition of whistleblowing as given by either Ohio nor the federal government. As such, there is nothing illegal about furloughing the OP based on his report.
He admitted to giving me time off specifically for following federal law. That's what I'm trying to get at. I am thinking that has to be illegal
 

Zigner

Senior Member, Non-Attorney
He admitted to giving me time off specifically for following federal law. That's what I'm trying to get at. I am thinking that has to be illegal
And, AGAIN, what I am getting at is that your report doesn't qualify as whistleblowing. I'm pretty sure this is the third time I've stated that.
 

quincy

Senior Member
He admitted to giving me time off specifically for following federal law. That's what I'm trying to get at. I am thinking that has to be illegal
The nest was located in your work area so the employer stopped work in that area. The employer has done nothing wrong because he reported the nest as was required.

Read through the information provided by Zigner.
 
And, AGAIN, what I am getting at is that your report doesn't qualify as whistleblowing. I'm pretty sure this is the third time I've stated that.
Maybe it's not whistleblowing, but can he really discipline me for following federal law?
The nest was located in your work area so the employer stopped work in that area. The employer has done nothing wrong because he reported the nest as was required.

Read through the information provided by Zigner.
The entire site was shut down. Not just my area. We work on lots of sites. The company didn't skip a beat.
 

quincy

Senior Member
Maybe it's not whistleblowing, but can he really discipline me for following federal law?

The entire site was shut down. Not just my area. We work on lots of sites. The company didn't skip a beat.
I do not see that you have any legal action to pursue against your employer.

I understand what you are saying about all of the other employees being reassigned - and I understand why it might seem to you that there must be some legal recourse - but offhand I don't see that there is.

I'll look into this more thoroughly later but I am afraid you are stuck with a 45 day unpaid "vacation."
 

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