ARB CASE NO. 03-042
ALJ CASE NO. 03-STA-11
DATE: December 16, 2003
In the Matter of:
DANIEL S. SOMERSON,
COMPLAINANT,
v.
MAIL CONTRACTORS OF AMERICA,
FRIDAY, ELDREDGE, & CLARK, AND
OSCAR DAVIS, ESQ.
RESPONDENT.
BEFORE: THE ADMINISTRATIVE REVIEW BOARD
Appearances:
For the Complainant:
Edward A. Slavin, Jr., Esq., St. Augustine, Florida
For the Respondents:
Oscar E. Davis, Esq., Friday, Eldridge & Clark, Little Rock, Arkansas
ORDER DENYING COMPLAINANT'S MOTION TO VACATE
This case arises under the employee protection provisions of the Surface Transportation Assistance Act (STAA), 49 U.S.C.A § 31105 (West 1997). The Complainant, Daniel Somerson, filed a complaint alleging that the Respondents, Mail Contractors of America (MCOA), the law firm of Friday, Eldredge & Clark (a law firm representing MCOA), and Oscar Davis (an attorney representing MCOA), violated the STAA by seeking a Protective Order and Witness Interview Restriction in a prior case, Somerson v. Mail Contractors of America, ALJ No. 2002-STA-44 (ALJ Dec. 16, 2002). On January 10, 2003, a Department of Labor Administrative Law Judge (ALJ) issued a Recommended Decision and Order Dismissing Complaint and Referring Matter to the Tennessee Supreme Court's Board of Professional Responsibility (R. D. & O.). The ALJ found that "[t]he present complaint, asserting that the motion for protective order is an adverse employment action under the STAA, is completely specious" and "fails to allege the essential elements of a violation of the whistleblower protection provisions of the STAA." R. D. & O. at 2.
1 In the March 24th Order granting Somerson's second request for enlargement, the Board notified Somerson that it would accept his brief if the Board received the brief on or before March 31, 2003. The Board, in its February 13th order, denied Somerson's request to consolidate three appeals pending before the Board because Somerson failed to specify any ground supporting consolidation.
2 This motion was entitled in full, "Complainant's Motion to Vacate October 14, 2003 Order Striking Combined Omnibus Opening Brief in ARB Case Nos. 03-042 & 03-055, His Response to ARB Show Cause Order in ARB Case No. 03-068, His Renewed Motion for Consolidation, His Renewed Motion for Summary Reversal and Remand to a New ALJ to Hold Hearing on MCOA Gag Order Request and Ex Parte Contacts."