ARB CASE NO. 07-116
ALJ CASE NO. 2007-STA-005
DATE: December 21, 2007
In the Matter of:
PAUL DENAULT,
COMPLAINANT,
v.
KEENAN TRANSIT CO., WILLIAM KEENAN,
JOHN DOE AND MARY ROE,
RESPONDENTS.
BEFORE: THE ADMINISTRATIVE REVIEW BOARD
ERRATA
On October 31, 2007, the Administrative Review Board (ARB) issued a Final Decision and Order Approving Settlement
and Dismissing Complaint with Prejudice (F. D. & O.) in this case. Although Chief Administrative Appeals Judge Douglass had approved
the F. D. & O. it was inadvertently issued without her signature. Accordingly, we reissue the F. D. & O. to include Chief Judge Douglass’s
signature. In all other respects, the decision remains the same.
SO ORDERED.
OLIVER M. TRANSUE
Administrative Appeals Judge
M. CYNTHIA DOUGLASS
Chief Administrative Appeals Judge
[ENDNOTES]
1 49 U.S.C.A. § 31105 (West 2007). The STAA has been amended since Denault filed his complaint. See Implementing Recommendations of the 9/11 Commission Act of 2007, P.L. 110-53, 121 Stat. 266 (Aug. 3, 2007). Even if the amendments were applicable to this complaint, they would not affect our decision.
2 29 C.F.R. Part 1978 (2007).
3 29 C.F.R. § 1978.111(d)(2).
4 See id.
5 5 U.S.C.A. § 557(b) (West 1996).
6 See Roadway Express, Inc. v. Dole, 929 F.2d 1060, 1066 (5th Cir. 1991).
7 See, e.g., para. 2.B of the Agreement.
8 Fish v. H & R Transfer, ARB No. 01-071, ALJ No. 2000-STA-056, slip op. at 2 (ARB Apr. 30, 2003).
9 Ruud v. Westinghouse Hanford Co., ARB No. 96-087, ALJ No. 1988-ERA-033, slip op. at 6 (ARB Nov. 10, 1997); Conn. Light & Power Co. v. Sec'y, U.S. Dep't of Labor, 85 F.3d 89, 95-96 (2d Cir. 1996) (employer engaged in unlawful discrimination by restricting complainant's ability to provide regulatory agencies with information; improper "gag" provision constituted adverse employment action).
