DATE: April 6, 1990
CASE NO. 90-STA-0006

IN THE MATTER OF

ROBERT J. DAVIS,
   COMPLAINANT,

v.

CONSOLIDATED FREIGHTWAYS,
   RESPONDENT.

BEFORE:   THE SECRETARY OF LABOR

   Before me for review is the Recommended Decision and Order of District Chief Administrative Law Judge (ALJ) E. Earl Thomas issued on January 26, 1990, in the captioned case which arises under the employee protection provision of the Surface Transportation Assistance Act of 1982 (the STAA), 49 U.S.C. app. § 2305 (1982). The ALJ dismissed Complainant's complaint alleging that he was unlawfully discharged, finding that at the time of discharge Complainant was not engaged in protected activity, but even if he were, there was no showing that the protected activity caused his discharge.

   Upon thorough review of the record in this case, I agree with the ALJ's Recommended Decision and Order. Wherefore, I append to this order the Recommended Decision and Order of January 26, 1990, which I hereby adopt.¹ The complaint is accordingly DENIED, 29 C.F.R. § 1978.109(c)(4), and this case is DISMISSED.

SO ORDERED.

         Elizabeth Dole
         Secretary of Labor

Washington, D.C.

¹The typographical errors in the ALJ's Recommended Decision and Order are hereby corrected as follows:

1. Page 3, 2d ¶, line 10, delete "enties" and substitute "entities."

2. Page 4, 1st ¶, line 5, substitute "dollies."

3. Page 4, 4th ¶, line 5, delete "causal" and substitute "casual."

4. Page 6, continued ¶, line 3, delete "an" and substitute "any."

5. Page 6, continued ¶, line 4, delete "proceedings" and substitute "proceeding."

6. Page 6, continued ¶, lines 5-6, delete "49 U.S.C. § 2305(a)."

7. Page 6, 2d ¶, line 13, delete "bonafide" and substitute "bona fide."

8. Page 7, 2d ¶, line 6 and line 9, delete "causal" and substitute "casual."