Hellerman v. Jewel Food Stores, 2001- STA-4 (ALJ Dec. 5, 2000)

U.S. Department of Labor

Office of Administrative Law Judges 525 Vine Street, Suite 900 Cincinnati, OH 45202 (513) 684-3252 (513) 684-6108 (FAX)

Date: December 5, 2000

Case No. 2001-STA-4

In the Matter of:

ASSISTANT SECRETARY OF LABOR FOR
OCCUPATIONAL SAFETY AND HEALTH,
    Prosecuting Party

PAUL HELLERMAN,
    Complainant

    v.

JEWEL FOOD STORES
    Respondent

   This proceeding arises from a complaint filed under Section 31105 of the Surface Transportation Assistance Act of 1982 (49 U.S.C. 31101, et seq.), and its implementing regulations at 29 C.F.R. Part 1978.

   On November 16, 2000, the Assistant Secretary of Labor for Occupational Safety and Health, Prosecuting Party, filed a Motion to Withdraw Findings and Motion to Dismiss. As grounds for this motion the Assistant Secretary stated:

1. Findings were issued on September 28, 2000, on behalf of the Assistant Secretary. Counsel for Respondent filed timely objections to these Findings and has requested a hearing.

2. As noted in the Secretary's Findings, the matter was resolved prior to the issuance of the Findings, accordingly, the Assistant Secretary hereby moves to withdraw the September 28, 2000 Findings and requests that the above-captioned matter be dismissed.

   Based on the foregoing, and in accordance with the agreement of the parties, IT IS ORDERED that:

1. The Motion to Withdraw the Secretary's Findings of September 28, 2000, is APPROVED, and

2. The Complaint in this matter be, and it hereby is, DISMISSED, with prejudice.

       DANIEL J. ROKETENETZ
       Administrative Law Judge