Scott v. Piedmont Transportation, 2001-STA-17 (ALJ Apr. 27, 2001)

U.S. Department of Labor

Office of Administrative Law Judges Seven Parkway Center - Room 290 Pittsburgh, PA 15220 (412) 644-5754 (412) 644-5005 (FAX)

Issue date: 27Apr2001

CASE NO.: 2001-STA-17

In the Matter of:

RAYMOND B. SCOTT
    Complainant

   v.

PIEDMONT TRANSPORTATION
    Respondent

   The above-captioned case was scheduled for hearing on April 10, 2001 in Wheeling, West Virginia. The Complainant hand delivered a Request to Withdraw to this office on April 6, 2001, requesting that the case be dismissed with prejudice. Counsel for Respondent has informed this Office that Respondent does not oppose the withdrawal.

   A voluntary withdrawal of a Surface Transportation Assistance Act whistleblower complaint is treated under the regulations as a withdrawal of objections to the Secretary's preliminary findings or preliminary order. When such a withdrawal occurs, the Regional Administrator's preliminary findings on behalf of the Secretary are affirmed, and the Administrative Law Judge's order becomes the final order in the case. Creech v. Salem Carriers, Inc., 88-STA-29 (Sec'y Sept. 27, 1988); Hall v. yellow Freight Systems, 93-STA-24 (Sec'y July 1, 1993); see 29 C.F.R. § 1978,111(c).

   Accordingly, IT IS ORDERED that the Regional Administrator's findings on behalf of the Secretary are hereby AFFIRMED and that this appeal is DISMISSED.

       GERALD M. TIERNEY
       Administrative Law Judge