DATE: November 21, 1994
CASE NO. 94-STA-23
IN THE MATTER OF
WAYNE S. ANDREWS,
COMPLAINANT,
v.
DON KEITH TRANSPORTATION,
RESPONDENT.
BEFORE: THE SECRETARY OF LABOR
DECISION AND ORDER
The Administrative Law Judge (ALJ) has issued a
[Recommended] Order of Dismissal (R.O.D.) in this case arising
under the employee protection provision of the Surface
Transportation Assistance Act of 1982 (STAA), 49 U.S.C. app.
§ 2305 (1988). Complainant Wayne Andrews contends that
Respondent violated the STAA when it discharged him shortly after
Andrews spoke with a Department of Labor investigator concerning
the STAA complaint of another employee. The ALJ found that
Andrews established a prima facie case of a STAA violation, that
Respondent articulated a legitimate, work related reason for the
discharge, and that Complainant did not persuade that the
legitimate reason Respondent provided was a pretext for
discrimination or that Respondent fired him for reasons
prohibited under the STAA.
The ALJ's findings of fact, R.O.D. at 2-4, are supported by
substantial evidence on the record taken as a whole, and
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therefore are conclusive. 29 C.F.R. § 1978.109(c)(3)
(1993). The appended ALJ's decision is well written and
correctly applies the law to the facts, and I adopt it.
Accordingly, the complaint is DISMISSED.
SO ORDERED.
ROBERT B. REICH
Secretary of Labor
Washington, D.C.