ARB CASE NO. 97-009
ALJ CASE NO. 96-STA-1
DATE: January 13, 1997

In the Matter of:

DON JONES,
    COMPLAINANT,

    v.

CONSOLIDATED PERSONNEL CORP.,
    RESPONDENT.

BEFORE: THE ADMINISTRATIVE REVIEW BOARD¹

    Before us for review is the Recommended Decision and Order (R. D. and O.) issued on October 7, 1996 by the Administrative Law Judge (ALJ) in this case arising under the employee protection provision of the Surface Transportation Assistance Act of 1982 (STAA), 49 U.S.C.A. § 31105 (West 1994)² . Complainant Don Jones (Jones) alleges that Respondent Consolidated Personnel Corporation (Consolidated) violated the STAA by firing him for refusing to drive when fatigued and because of his complaints regarding the safety of vehicles that he was assigned to operate.

    The ALJ found that Jones did not engage in protected activity and that Consolidated did not violate the employee protection provision of the STAA. The ALJ's findings of fact are supported by substantial evidence on the record as a whole and therefore are conclusive. 29 C.F.R. § 1978.109(c)(3)(1995).

    Since this case was fully tried on the merits, it was not necessary for the ALJ to engage in an analysis of whether Jones presented a prima facie case. U.S.P.S. Bd. of Governors v. Aikens, 460 U.S. 711, 713 (1983); Carroll v. Bechtel Power Corp., Case No. 91-ERA-0046, Final Dec. and Order, Feb. 15, 1995, slip op. at 11 n. 9, aff'd sub nom. Bechtel Corp. v. U.S. Dep't of Labor, 78 F.3d 352 (8th Cir. 1996)(under the Energy Reorganization Act).

¹ On April 17, 1996, a Secretary's Order was signed delegating jurisdiction to issue final agency decisions under this statute to the newly created Administrative Review Board. 61 Fed. Reg. 19978 (May 3, 1996). Secretary's Order 2-96 contains a comprehensive list of the statutes, executive order, and regulations under which the Administrative Review Board now issues final agency decisions. Final procedural revisions to the regulations implementing this reorganization were also promulgated on that date. 61 Fed. Reg. 19982.

² We note that the ALJ referred to the STAA at its old United States Code citation; the current citation is 49 U.S.C.A. § 31105 (West 1996).