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September 24, 2008         DOL Home > OALJ Home > Whistleblower Collection
USDOL/OALJ Reporter
Hornbuckle v. Yellow Freight Systems, Inc., 92-STA-9 (Sec'y June 30, 1993)






DATE:  June 30, 1993
CASE NO. 92-STA-9


IN THE MATTER OF

JAMES R. HORNBUCKLE, JR.,

          COMPLAINANT,

     v.

YELLOW FREIGHT SYSTEM, INC.,

          RESPONDENT.


BEFORE:   THE SECRETARY OF LABOR


                         FINAL DECISION AND ORDER

     Pursuant to the Secretary's Decision and Order issued on
December 23, 1992, Complainant has petitioned for an award of
costs and expenses, including attorney's fees, in this case,
arising under Section 405 (employee protection provision) of the
Surface Transportation Assistance Act of 1982 (STAA), 49 U.S.C.
app. § 2305 (1988).
     Complainant's fee application employs an hourly rate of
$200.  Respondent challenges this rate as excessive.  Upon
consideration of the documentation supplied by the parties, I
find an hourly rate of $150 to be reasonable, and I assess that
rate.  Accordingly, Respondent is directed to compensate 
Complainant for costs and expenses, including attorney's fees,
incurred in the administrative proceeding in the total amount of
$6,302.95.
     SO ORDERED.



[PAGE 2] ROBERT B. REICH Secretary of Labor Washington, D.C.



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