ARB CASE NO. 99-061 ALJ CASE NO. 98-STA-34 DATE: July 16, 1999
In the Matter of:
ASSISTANT SECRETARY OF LABOR FOR OCCUPATIONAL SAFETY AND HEALTH,
PROSECUTING PARTY,
and
HARRY D. COTES,
COMPLAINANT,
v.
DOUBLE R TRUCKING, INC.,
RESPONDENT.
BEFORE: THE ADMINISTRATIVE REVIEW BOARD
ORDER
In a Final Decision and Order issued on this date, the Board has ordered Double
R Trucking, Inc. ("Double R"), to pay back wages with interest to Harry D. Cotes
("Cotes"), an employee who Double R fired for engaging in activity protected under the
Surface Transportation Assistance Act of 1982 ("STAA"), as amended, 49 U.S.C.A.
§31105 (1997). Specifically, the Board has ordered Double R to pay Cotes back wages equivalent
to the earnings he lost during the period April 15, 1998, to September 21, 1998, less interim earnings. We
have also ordered payment of interest on the back wages.
The Board is unable to determine the exact amount of back wages owed to Cotes
1 The Assistant Secretary, in a short
statement in his brief to the Board, represents that Cotes worked for Double R a weekly average of 36.3
hours of straight time and 8.1 hours of overtime. Brief of the Assistant Secretary at 15. However, the Board
has been unable to verify these averages through independent calculations.