DATE: November 25, 1998

CASE NO.: 1998 STA 25

In the Matter of

   JAMES H. SPAINHOWER
      Complainant

       v.

    CONSOLIDATED
    FREIGHTWAYS
      Respondent

   On May 8, 1998, Mr. R. Davis Layne, Regional Administrator, United States Department of Labor, as the designated agent of the Secretary, United States Department of Labor, issued the Secretary's Findings concerning a complaint filed by Mr. James Spainhower pursuant Section 31105 of the Surface Transportation Assistance Act (STAA), 49 U.S.C. 31101. The Secretary found that Mr. Spainhower's employment resignation of June 6, 1997 was not in violation of Section 31105 of the STAA.

   On May 29, 1998, Mr. Spainhower, through his counsel, Ms. Diane Cherry, submitted his objections to the Secretary's Findings asserting the Respondent had discriminated against him in violation of Section 31105. At that time, Mr. Spainhower also requested a hearing.

   Pursuant to a Notice of Hearing, dated June 16, 1998, I set a hearing date of July 7, 1998. Through two continuances, both at the request of, or with the concurrence of, Mr. Spainhower, the hearing was eventually set for December 1, 1998. However, based on the representation of counsel that a hearing was no longer necessary, I canceled the hearing on October 23, 1998.

   On November 23, 1998, I received from Ms. Cherry a written withdrawal of the objections filed by Mr. Spainhower. Ms. Cherry indicated Mr. Spainhower's understanding of the effect of the withdrawal including the affirmation of the Secretary's Findings.

   Under the implementing regulations, at any time before the Secretary's Findings become final, a party may withdraw his objections to the findings by filing a written withdrawal with the administrative law judge (29 C.F.R. §1978.111 (c)). When such a withdrawal occurs, the administrative law judge must issue an order affirming "any portion of the findings or preliminary order with respect to which the objection was withdrawn." The administrative law judge's order becomes the final administrative order in the case, and there is no need for Secretarial review of the order. Underwood v. Blue Springs Hatchery, 87-STA-21 (Sec'y Sept. 23, 1987) (order to show cause).

   Accordingly, I approve the withdrawal of Mr. Spainhower's objections; approve the Secretary's Findings; and, specifically, affirm any portion of the Secretary's Findings with respect to which Mr. Spainhower's objections were withdrawn.

SO ORDERED:

       RICHARD T. STANSELL-GAMM
       Administrative Law Judge

Washington, D.C.