Kruml v. Patriot Express, 2002-STA-7 (ALJ May 3, 2002)

U.S. Department of Labor

Office of Administrative Law Judges 36 E. 7th Street, Suite 2525 Cincinnati, OH 45202 (513) 684-3252 (513) 684-6108 (FAX)

Issue date: 03May2002

Case No: 2002-STA-0007

In the Matter of

JAMES P. KRUML
    Complainant

    v.

PATRIOT EXPRESS
    Respondent

   On August 2, 2001 Complainant, James P. Kruml, filed a complaint of discrimination for his having been fired on August 1, 2001, under the provisions of Title 49 U.S.C. §31105, The Surface Transportation Assistance Act (STAA). The complaint was found to be without merit, dismissed, appealed, and assigned to the undersigned for determination. Following my December 3, 2001 issuance of a prehearing order, on January 14, 2002, D.C.A. Financial Group, Ltd. informed the undersigned that an assignment for creditors under the laws of the State of Illinois had been filed by Respondent, Patriot Express, and that, following liquidation of assets, payments to creditors would be paid within 60 days. Thereafter, the undersigned was informed by Complainant that Liberty Transport had either assumed the business of the named Respondent, Patriot Express, and/or possibly merged with another company. On January 24, 2002, I issued an order extending the hearing date until April 30, 2002, and set forth various new dates for the conclusion of prehearing matters. On April 25, 2002, I determined that neither party had submitted the required prehearing statements, and prepared to cancel the hearing. Contacts by members of my staff with Complainant, Patriot Express Agent D.C.A. and a representative of Liberty Transport (which did not receive a copy of the notice of hearing) have warranted a remand of the matter to the Area Director for certain jurisdictional determinations. Therefore,

Document: Kruml, James order canc hrg.wpd Created by: TPHALEN on 5/3/02 2:13:03 PM   IT IS ORDERED that:

(1) The hearing scheduled for April 30, 2002 in the present matter is cancelled in accordance with my order of April 29, 2002, and that it is postponed indefinitely, and

(2) The matter be remanded to the Area Director of the United States Department of Labor for further investigation and a determination on the standing of Patriot Express, and/or Liberty Transport to be named as the Respondent in the present matter under the STAA, to include a determination of the business status of Patriot Express after the filing of the assignment for creditors under the laws of the State of Illinois, the legal status of Liberty Mutual as successor to the former business of Patriot Express, and the potential liability of either or both entities under the STAA if any finding of a violation of the STAA is found to be warranted on a de novo hearing by the undersigned or another Administrative Law Judge. To this end, the parties are directed to review, apply or distinguish the application of the provisions of Title 11 U.S.C. §362 and the application of these provisions to the Secretary of Labor's decision in the matter of Karl L. Torres v. Transcon Freight Lines, 90-STA-29 (January 30, 1991) to this case.

      THOMAS F. PHALEN, JR.
      Administrative Law Judge