ARB CASE NO. 03-007
ALJ CASE NO. 02-STA-22
DATE: January 30, 2004
In the Matter of:
WILL R. HARDY,
COMPLAINANT,
v.
MAIL CONTRACTORS OF AMERICA,
RESPONDENT.
BEFORE: THE ADMINISTRATIVE REVIEW BOARD
Appearances:
For the Complainant:
Paul O. Taylor, Esq., Truckers Justice Center, Eagan, Minnesota
For the Respondent:
Khayyam M. Eddings, Esq., Friday, Eldredge & Clark, Little Rock, Arkansas
FINAL DECISION AND ORDER OF DISMISSAL
On April 3, 2001, the Complainant, Will R. Hardy, filed a complaint with the Occupational Safety and Health Administration (OSHA) of the U.S. Department of Labor. He alleged that the Respondent, Mail Contractors of America, Inc., had discharged him on March 30, 2001, for refusing to falsify his driver log books in contravention of the Surface Transportation Assistance Act of 1982, as amended (STAA), at 49 U.S.C.A. § 31105(a)(l)(B)(i) (West 1997), prohibiting the discharge of an employee for "refus[ing] to operate a vehicle because the operation violates a regulation, standard, or order of the United States related to commercial motor vehicle safety or health."
Following the January 25, 2002 dismissal of his complaint by the OSHA Regional Administrator, the Complainant requested a hearing before an Administrative Law Judge (ALJ) pursuant to STAA implementing regulations at 29 C.F.R. § 1978.106 (2001). On October 4, 2002, the ALJ issued a Recommended Decision and Order (R. D. & O.) granting summary judgment to the Respondent under 29 C.F.R. § 18.40 (2001)1 and denying the complaint. R. D. & O. at 1, 10.
1 Under these ALJ procedural regulations, "[w]hen a motion for summary decision is made . . ., a party opposing the motion may not rest upon the mere allegations or denials of such pleading. Such response must set forth specific facts showing that this is a genuine issue of fact for the hearing. The [ALJ] may enter summary judgment for either party if the pleadings, affidavits, material obtained by discovery or otherwise, or matters officially noticed show that there is no genuine issue as to any material fact and that a party is entitled to summary decision." 29 C.F.R. § 18.40(c), (d).