Worth v. Continental Airlines, 2002-AIR-14 (ALJ Mar. 28, 2003)

U.S. Department of Labor

Office of Administrative Law Judges 50 Fremont Street, Suite 2100 San Francisco, CA 94105 (415) 744-6577 (415) 744-6569 (FAX)

Issue Date: 28 March 2003

CASE NO. 2002-AIR-14

In the Matter of:

THERESA M. WORTH,
    Complainant,

    v.

CONTINENTAL AIRLINES,
    Respondent.

   This proceeding, scheduled for a hearing on April 8, 2003 in San Diego, California, arises under the employee protective provisions of the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century, 49 U.S.C. § 42121, et seq. ("AIR21"), and the applicable regulations thereunder at 29 C.F.R. Part 24. By letter submitted on March 19, 2003, the Complainant requested that her objections be withdrawn and that the matter be taken off calendar.

   I find and conclude that there is good cause for the withdrawal, and hereby approve Complainant's request. See 29 C.F.R. 1979.111(c). The hearing scheduled for April 8, 2003 in San Diego, California is cancelled.

       DONALD B. JARVIS
       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. §§ 1979.110 (2002), unless a petition for review is timely filed with the Administrative Review Board ("Board"), U.S. Department of Labor, Room S-4309, 200 Constitution Avenue, NW, Washington DC 20210. Any party desiring to seek review, including judicial review, of a decision of the administrative law judge must file a written petition for review with the Board, which has been delegated the authority to act for the Secretary and issue final decisions under 29 C.F.R. Part 1979. To be effective, a petition must be received by the Board within 15 days of the date of the decision of the administrative law judge. The petition must be served on all parties and on the Chief Administrative Law Judge. If a timely petition for review is filed, the decision of the administrative law judge shall be inoperative unless and until the Board issues an order adopting the decision, except that a preliminary order of reinstatement shall be effective while review is conducted by the Board. The Board will specify the terms under which any briefs are to be filed. 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. §§ 1979.109(c) and 1979.110(a) and (b).