ARB CASE NO. 96-194
ALJ CASE NO. 95-STA-38
DATE: June 18, 1997

In the Matter of:

STEVEN L. JACKSON,
    COMPLAINANT,

    v.

PROTEIN EXPRESS,
    RESPONDENT.

BEFORE: THE ADMINISTRATIVE REVIEW BOARD

    We issued a Final Decision and Remand Order in this case on January 9, 1997 finding that Respondent Protein Express discriminated against Complainant Steven L. Jackson in violation of the employee protection provisions of the Surface Transportation Assistance Act of 1982, 49 U.S.C.A. § 31105 (West 1996) and directing the Administrative Law Judge (ALJ) to calculate back pay, compensatory damages and attorney's fees, if any, due Jackson. In an Order of Jan. 16, 1997, the ALJ ordered the parties to submit memoranda on the remanded issues, but stayed his order in the event our order was appealed. Protein Express filed an appeal with the United States Court of Appeals for the Seventh Circuit, but on May 5, 1997, that appeal was dismissed by stipulation of the parties. This matter therefore is remanded to the ALJ to follow the directions of the Administrative Review Board's Jan. 9 order.

   Accordingly, this case is REMANDED to the ALJ for further proceedings in accordance with this order and the Order of Jan. 9, 1997.

   SO ORDERED.

      DAVID A. O'BRIEN
      Chair

      KARL J. SANDSTROM
      Member

      JOYCE D. MILLER
       Alternate Member