These cases arise under the whistleblower protection provision of the Surface Transportation Assistance Act (STAA), 49 U.S.C. § 31105 (2000), and the implementing regulations found at 29 C.F.R. Part 1978 (2002). On May 22, 2001, Complainant Stephan W. Drew filed a complaint with the Occupational Safety and Health Administration (OSHA) alleging that Respondent Alpine, Inc. violated the STAA when it discharged him on December 4, 1999, for refusing to operate his assigned vehicle. On April 26, 2001, OSHA found his claim to be without merit. Drew objected to the ruling and requested a hearing before an Administrative Law Judge (ALJ). The ALJ conducted the hearing on September 6, 2001.

   On January 28, 2002, the ALJ issued a Recommended Decision and Order (R. D & O.) finding that Alpine's termination of Drew's employment violated the STAA. The ALJ recommended that Alpine be ordered to reinstate Drew, provide backpay, and "post a copy of the final Decision and Order in this case at its terminal for a period of 120 days after receipt of that decision." R. D. & O. at 11. The ALJ also allowed Drew's counsel to file a motion for attorney's fees. In response to that motion on April 22, 2002, the ALJ issued an R. D. & O. awarding Drew's counsel attorney's fees totaling $11,982.20.

   On March 1, 2002, Alpine informed this Board that it did not intend to appeal the January 28 R. D. & O. but instead "respectfully reserves the right to move, if necessary, for a modification of said Order with regard to the back pay, reinstatement, and notice posting provisions thereof" because Alpine ceased operating bus tours on December 10, 2001. See March 1, 2002 Letter to the Board from Lawrence C. Winger, Counsel of Record for Alpine.

   On August 26, 2002, the Board received a Notice of Withdrawal of Appearance from Lawrence C. Winger, Esq., Counsel of Record for Alpine, advising that "I no longer represent Respondent Alpine, Inc. and have no agreement with Respondent Alpine, Inc. to represent it." The Notice also informed the Board that, "[o]n information and belief, the affairs of Respondent Alpine, Inc. are subject to the jurisdiction of the U.S. Bankruptcy Court in Maine in bankruptcy Case No. 01-21473, Debtor ABP [sic] Group, Inc. et al. Two bankruptcy notices from said case are annexed hereto." Neither of the bankruptcy notices appended specifically mentions Alpine.

   On June 10, 2003, the Board issued an Order to Show Cause requiring the parties to demonstrate why the Board should not proceed to rule on the merits of this case and to submit documents of public record and affidavits from individuals with personal knowledge establishing "whether, and if so when, Alpine ceased operations, was dissolved, or was placed in bankruptcy, and the status of any court actions relevant thereto." Copies of this Order were sent to Attorney Winger, John C. Turner (who was identified by Winger as the Trustee in the APB Group Bankruptcy case), Jocelyn Deraspe (Vice-President of Alpine), Drew, and Paul O. Taylor (Drew's counsel).

    On June 23, 2003, the Board received a letter from Winger indicating again that he no longer represents Alpine. "To assist the Board," Winger submitted the information that "Alpine went out of business in or about December, 2001," and that "all of its assets were sold on or about February 1, 2002 to an unrelated company." He also stated, "Alpine, Inc. never filed for bankruptcy, so there is no bankruptcy automatic stay in effect for actions against Alpine, Inc." He advised that this information was conveyed "in the form of a letter and not in the form of an affidavit because I do not have personal knowledge of any facts stated herein." Winger Response to Show Cause Order in form of letter dated June 18, 2003.

   The Board also received an affidavit from the Trustee in Bankruptcy for the debtor APB Air Group, Inc., stating the following: APB Air Group was not affiliated with Alpine, but both corporations were owned by the same individuals. APB Air Group owned the building in which Alpine operated. Alpine owed APB money for back rent. The amount due was determined uncollectible, except $4,000 that was paid to the Bankruptcy Estate. Bankruptcy Trustee Turner Response to Show Cause Order in form of affidavit dated June 16, 2003. No other responses to the Show Cause Order were received.

   Finding that there is no evidence before this Board that would preclude adjudication of this case on the merits, we proceed.

   We have jurisdiction to decide this matter by authority of 49 U.S.C. § 31105(b)(2)(C) and 29 C.F.R. § 1978.109(c)(1). See Secretary's Order No. 1-2002, 67 Fed. Reg. 64272 (Oct. 17, 2002).

   Under the STAA, the Administrative Review Board is bound by the factual findings of the ALJ if those findings are supported by substantial evidence on the record considered as a whole. 29 C.F.R. § 1978.109(c)(3) (2002); BSP Transp., Inc. v. United States Dep't of Labor, 160 F.3d 38, 46 (1st Cir. 1998); Castle Coal & Oil Co., Inc. v. Reich, 55 F.3d 41, 44 (2d Cir. 1995). Substantial evidence is that which is "more than a mere scintilla. It means such relevant evidence as a reasonable mind might accept as adequate to support a conclusion." Clean Harbors Envtl. Servs. v. Herman, 146 F.3d 12, 21 (1st Cir. 1998) (quoting Richardson v. Perales, 402 U.S. 389, 401 (1971)).

   In reviewing the ALJ's conclusions of law, the Board, as the designee of the Secretary, acts with "all the powers [the Secretary] would have in making the initial decision . . . ." 5 U.S.C. § 557(b) (2000). Therefore, the Board reviews the ALJ's conclusions of law de novo. Roadway Express, Inc. v. Dole, 929 F.2d 1060, 1066 (5th Cir. 1991).