Barrios v. General Dynamics Corp., 2003-AIR-33 (ALJ Sept. 12, 2003)

U.S. Department of Labor

Office of Administrative Law Judges 800 K Street, NW, Suite 400-N Washington, DC 20001-8002

Issue Date: 12 September 2003

In The Matter of

MARCO BARRIOS
    Claimant

    v.

GENERAL DYNAMICS CORP.
    Respondent

Case No. 2003-AIR-00033

   On June 26, 2002, complainant filed a complaint under §519 of the Wendell H. Ford Aviation and Investment Reform Act for the 21st Century with the Occupational Safety and Health Administration, alleging that he was terminated by the employer for providing the FAA with information regarding the cause of an airplane accident. OSHA found the complaint to be without merit, and the complainant filed a timely request for hearing with this Office. A hearing had been scheduled to begin on September 29, 2003 in West Palm Beach, Florida.

   On September 9, 2003, complainant moved to withdraw his appeal of OSHA's denial of the claim. Under 29 C.F.R. §1979.111(c), "a party may withdraw his or her objections to the findings or order [of OSHA] by filing a written withdrawal with the administrative law judge." Claimant has not stated his reasons for requesting withdrawal of his appeal of OSHA's determination. However, he is represented by counsel. Moreover, respondent recently filed a motion for summary decision which casts great doubts on the viability of complainant's position. Accordingly, complainant's motion to withdraw his objections to OSHA's denial of his claim is granted, and

   IT IS ORDERED that this case is dismissed with prejudice.

      JEFFREY TURECK
      Administrative Law Judge