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| September 25, 2008 DOL Home > OALJ Home > USDOL/OALJ Reporter |
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USDOL/OALJ Reporter Leedale v. Shoney's Inc., 1999-STA-36 (ALJ Nov. 21, 2003)
Issue Date: 21 November 2003 CASE NO. 1999-STA-0036 In the Matter of:
JACK LEEDALE,
vs.
SHONEY'S INC.,
This claim arises under the employee protection provisions of the Surface Transportation Assistance Act ("Act"). 49 U.S.C. 31104. The Act protects employees from discharge, discipline, or discrimination for refusing to operate a vehicle in violation of Federal vehicle safety regulations or because of the employee's reasonable apprehension of serious injury to himself or the public due to the unsafe condition of such operation. On June 23, 1998, Complainant, Jack E. Leedale, filed a complaint with the Secretary of Labor alleging that Respondent, Shoney's Inc., had terminated him in violation of the Act for refusing to operate a commercial motor vehicle in inclement weather. On April 26, 1999, the Secretary issued findings that Respondent had violated the Act. On May 19, 1999, Mr. Leedale objected to the Secretary's findings and this matter was assigned to the San Francisco Office of Administrative Law Judges on June 10, 1999. Both parties agreed to waive the requirement under 29 C.F.R. § 1978.106 for a hearing within 30 days of the filing of objections. During a conference call held on May 23, 2000, the parties informed the undersigned that Mr. Leedale had died days after he agreed to a settlement in this matter. Because Mr. Leedale had not signed the settlement agreement, the settlement had to be admitted to probate. In a telephone conversation on November 20, 2003, Mr. Paul Taylor, Mr. Leedale's attorney, stated that Mrs. Leedale has not submitted the settlement to probate and that he had lost contact with her. Good cause appearing therefore, the parties are ordered to show cause in writing by December 22, 2003 why this case should not be dismissed for failure to prosecute.
ALEXANDER KARST AK:vc
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