Ass't Sec'y & Boyd v. Palmentere Brothers Cartage Service, Inc., 2003-STA-40 (ALJ Oct. 8, 2003)

U.S. Department of Labor

Office of Administrative Law Judges 36 E. 7th Street, Suite 2525 Cincinnati, OH 45202 (513) 684-3252 (513) 684-6108 (FAX)

Issue Date: 09 October 2003

Case No.: 2003-STA-0040

In the Matter of:

ASSISTANT SECRETARY OF LABOR FOR
OCCUPATIONAL SAFETY AND HEALTH,
    Prosecuting Party

    and

BRIAN SCOTT BOYD,
    Complainant

    v.

PALMENTERE BROTHERS CARTAGE
SERVICE, INC.,
    Respondent

   This matter arises under the Surface Transportation Assistance Act of 1982 ("the Act" or "STAA"), 49 U.S.C. §§ 2305, and the regulations promulgated thereunder at 29 C.F.R. Part 1978. Section 405 of the STAA provides protection from discrimination to employees who report violations of commercial motor vehicle safety rules or who refuse to operate a vehicle when such operation would be in violation of those rules.

   This case was scheduled for hearing on August 19, 2003, in Kansas City, Missouri. As a result of an August 13, 2003 teleconference, an Order was issued on August 15, 2003 canceling the hearing, and granting the Prosecuting Party until August 25, 2003 to advise the undersigned whether the Complainant desires to have this case dismissed or to proceed with a hearing.

   On August 26, 2003, counsel for the Prosecuting Party contacted this office by telephone and stated that the Complainant was no longer interested in pursuing his discrimination complaint, but that written confirmation in the form of a request to withdraw had not yet been received.

   On August 27, 2003, a Show Cause Order was issued granting the Complainant until September 11, 2003 to show cause why his complaint should not be dismissed because of his failure to appear and prosecute his case.

   On September 15, 2003, this Office received a written Notice of Withdrawal from Complainant.

   Pursuant to 29 C.F.R. § 1978.111(c), a complainant may file a written withdrawal with the Administrative Law Judge at any time before the findings or order becomes final. Upon consideration of the regulations, the Complainant's written withdrawal, and the Complainant's response to the Show Cause Order, it is, hereby,

   ORDERED, that the STAA discrimination complaint of Brian Scott Boyd is hereby DISMISSED, pursuant to 29 C.F.R. § 1978.111(c).

      Robert L. Hillyard
      Administrative Law Judge