Reichelderfer v. Bridge Transport, Inc., 2001-STA-40 (ALJ Apr. 2, 2002)

U.S. Department of Labor

Office of Administrative Law Judges 603 Pilot House Drive, Suite 300 Newport News, Virginia 23606-1904 (757) 873-3099 (757) 873-3634 (FAX)

Issue date: 02Apr2002

Case No.: 2001-STA-0040

LESTER REICHELDERFER,
    Complainant,

    v.

BRIDGE TRANSPORT, INC.,
    Respondent.

   On January 31, 2002, the Presiding Judge issued an Order in the above-captioned case of Respondent to Show Cause within 30 days of the date of the Order why Respondent's request for hearing should not be deemed to have been abandoned and the Secretary's Findings dated April 12, 2001, should not be affirmed by default. The Order to Show Cause was sent to Respondent by Certified Mail, Return Receipt. On February 8, 2002, and individual signed the return receipt as agent for Respondent. As of the date of this Order, Respondent has failed to respond to the Show Cause Order.

   Accordingly, IT IS ORDERED that Respondent's request for hearing is deemed to have been ABANDONED;

   IT IS FURTHER ORDERED that the Secretary's Findings dated April 12, 2001, are affirmed by default. Respondent, Bridge Transport, Inc., is ORDERED:

1. To offer Complainant, Lester Reichelderfer, reinstatement to the position he held at the time of his discharge;

2. To make appropriate adjustments for interim salary increases to compensate Complainant with back pay and compensatory damages in an amount based on the terms of paragraph 6 of the Findings; and

3. To expunge from his personnel records any adverse reference to his discharge or any protected activity under the STAA.

       Daniel A. Sarno, Jr.
       Administrative Law Judge

DAS/dlh