This case arises under the employee protection provisions of the Surface Transportation Assistance Act (STAA) of 1982, as amended, 49 U.S.C.A. § 31105 (West 1997) and implementing regulations at 29 C.F.R. Part 1978 (2003). In his Recommended Order of Dismissal, the ALJ determined that he had no jurisdiction over the case and dismissed it. We agree with the ALJ's recommendation and also dismiss this matter.

   In November 2002, Robert Wade, a driver for Sumitec, filed a timely complaint of discrimination with the Department's Occupational Safety and Health Administration (OSHA). After investigating, OSHA found no merit to the complaint and issued a determination to that effect on May 14, 2003.

   When the parties were notified that an ALJ had been assigned to the case, Complainant Wade's wife notified the ALJ's office that Wade had not objected to OSHA's no merit determination, had not requested a hearing, and had no desire to pursue his claim. After confirming this information via a letter to the parties, the ALJ issued the Recommended Order of Dismissal on June 23, 2003. He recommended dismissal because, as neither the Complainant nor the Respondent wanted a hearing, the ALJ had no jurisdiction to review the claim.

    In accordance with the regulations, this matter was forwarded to the ARB for review and to issue a final decision and order. 29 C.F.R. § 1978.109. We have reviewed the recommended decision and concur with the ALJ's determination that he had no jurisdiction to review the OSHA findings. Accordingly, the Board AFFIRMS the ALJ's Order and DISMISSES the complaint.

   SO ORDERED.

      WAYNE C. BEYER
      Administrative Appeals Judge

      M. CYNTHIA DOUGLASS
      Chief Administrative Appeals Judge