Austile v. Alaska Airline, Inc., 2003-AIR-29 (ALJ May 28, 2004)

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 May 2004

CASE NO. 2003-AIR-00029

In the Matter of:

JESSE J. AUSTILE,
    Complainant,

vs.

ALASKA AIRLINES, INC.,
    Respondent.

   This proceeding arises under the employee protection provisions of the Wendell H. Ford Aviation and Investment Reform Act for the 21st Century ("AIR21" or "the Act"), 49 U.S.C. § 42121 et seq. On February 12, 2003, Complainant Jesse Austile filed this action with Region IX of the Occupational Health and Safety Administration alleging a violation of the Act by Alaska Airlines. On April 9, 2003, the Secretary of Labor issued findings dismissing Mr. Austile's complaint because it was filed a week after the ninety-day statute of limitations ended. On May 5, 2003, Mr. Austile appealed the secretary's findings. On June 10, 2003, the parties agreed to take the scheduled hearing off calendar. On May 24, 2004, Mr. Austile moved to withdraw his objections to the Secretary of Labor's findings pursuant to 29 C.F.R. § 1979.111(c) because he has elected to pursue his remedies under California law. No settlement having been reached by the parties, and good cause appearing therefor, Mr. Austile's motion to withdraw his objections is hereby GRANTED. This claim is hereby DISMISSED, and the hearing scheduled for June 21, 2004 is hereby CANCELED.

       ALEXANDER KARST
       Administrative Law Judge

AK:jb