Boynton v. Hewlett Packard Co., 2003-SOX-16 (ALJ Aug. 22, 2003)

U.S. Department of Labor

Office of Administrative Law Judges Heritage Plaza Bldg. - Suite 530 111 Veterans Memorial Blvd Metairie, LA 70005 (504) 589-6201 (504) 589-6268 (FAX)

Issue Date: 22 August 2003

Case No.: 2003-SOX-16

In the Matter of

CARTER BOYNTON,
   Complainant

   v.

HEWLETT PACKARD COMPANY,
   Respondent

   This case arises out of a complaint of discrimination filed pursuant o the employee protection provisions of section 806 of the Corporate and Criminal Fraud Accountability Act of 2002, title VIII of the Sarbanes-Oxley Act of 2002, 18 USC 1514A ("the act"). The act affords protection from employment discrimination to employees of companies with a class of securities registered under section 12 of the Securities Exchange Act of 1934, 15 USC 781, and companies required to file reports under section 15(d) of the Securities Exchange Act of 1934. Specifically, the law protects "whistleblower" employees from retaliatory or discriminatory actions by the employer because the employees provided information to their employer, a federal agency, or Congress relating to alleged violations of 18 USC 1341, 1343, 1344, 1348, or any provision of federal law relating to fraud against shareholders.

   On February 12, 2003, Carter Boynton ("Complainant") filed a complaint under the act against Hewlett-Packard ("Respondent"). In an April 3, 2003decision, the Deputy Regional Administrator for Region IX of the Occupational Safety and Health Administration (OSHA), U.S. Department of Labor, denied the complaint. Complainant appealed the regional administrator's decision in a May 2, 2003 letter and requested a formal hearing before the Office of Administrative Law Judges. The case was assigned to me, and, on June 11, 2003, I issued a scheduling order directing the parties to complete discovery by August 19, 2003 and setting a hearing for September 8, 2003.

   On August 21, 2003 Counsel for Complainant filed on his behalf a request for withdrawal of his Sarbanes-Oxley claim pursuant to §1980.111(c) of the applicable interim final rule regarding such a claim. Pursuant to such rule, Complainant, withdraws his objections to the prior findings and order dismissing his claim. Respondent has no objection to said withdrawal. Therefore, I will grant Complainant's motion to withdraw his claim with prejudice.

   It is hereby ORDERED that Complainant's motion to withdraw his claim is GRANTED with prejudice. The formal hearing scheduled for September 8, 2003 at 9:00 a.m. in Dallas, Texas is hereby CANCELED.

   So ORDERED.

      RICHARD D. MILLS
      Administrative Law Judge

NOTICE OF APPEAL RIGHTS: This decision shall become the final order of the Secretary of Labor pursuant to 29 C.F.R. §§ 1980.110, unless a petition for review is timely filed with the Administrative Review Board ("Board"), US Department of Labor, Room S-4309, 200 Constitution Avenue, NW, Washington DC 20210, and within 30 days of the filing of the petition, the ARB issues an order notifying the parties that the case has been accepted for review. The petition for review must specifically identify the findings, conclusions or orders to which exception is taken. Any exception not specifically urged ordinarily shall be deemed to have been waived by the parties. To be effective, a petition must be filed within ten business days of the date of the decision of the administrative law judge. The date of the postmark, facsimile transmittal, or e-mail communication will be considered to be the date of filing; if the petition is filed in person, by hand-delivery or other means, the petition is considered filed upon receipt. The petition must be served on all parties and on the Chief Administrative Law Judge at the time it is filed with the Board. Copies of the petition for review and all briefs must be served on the Assistant Secretary, Occupational Safety and Health Administration, and on the Associate Solicitor, Division of Fair Labor Standards, U.S. Department of Labor, Washington, DC 20210. See 29 C.F.R. §§§§ 1980.109(c) and 1980.110(a) and (b), as found OSHA, Procedures for the Handling of Discrimination Complaints Under Section 806 of the Corporate and Criminal Fraud Accountability Act of 2002, Title VIII of the Sarbanes-Oxley Act of 2002; Interim Rule, 68 Fed. Reg. 31860 (May 29, 2003).