In the Matter of:
MICHAEL DRAKE, ARB
CASE NO. 05-067
COMPLAINANT, ALJ
CASE NO. 2005-STA-3
v.
DATE: July 14, 2006
YELLOW TRANSPORTATION,
RESPONDENT.
BEFORE: THE
ADMINISTRATIVE REVIEW BOARD
Appearances:
For the Respondent:
Anderson
B. Scott, Esq., Fisher & Phillips LLP, Atlanta, Georgia
FINAL DECISION AND ORDER Approving Withdrawal of Objections to osha's findings
This case arises under Section 405, the employee
protection provision, of the Surface Transportation Assistance Act of 1982
(STAA). Michael Drake filed a complaint alleging that Yellow
Transportation, Inc. violated the STAA when it issued him a written warning
after he refused to drive because he was fatigued. After investigating the
complaint, the Occupational Safety and Health Administration (OSHA) determined
that since the written warning had expired, "no further investigation was
appropriate."
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At any time before the findings or order become final,
a party may withdraw his objections to the findings or order by filing a
written withdrawal with the administrative law judge . . . . The judge . . .
shall affirm any portion of the findings or preliminary order with respect to
which the objection was withdrawn.[]
In
accordance with these regulations, the ALJ issued a Recommended Order
Dismissing Request for Hearing on March 2, 2005.
The ALJ's decision and the record were forwarded to
the Administrative Review Board for automatic review and to issue a final
decision.
The Board issued a Notice of Review and
Briefing Schedule, directing the parties to file briefs in support of or in
opposition to the R.O., within thirty days from the date on which the ALJ
issued it.
Although Drake received a copy of the Board's Notice on March 8, 2005, as
indicated by his
[Page 3]
signature on the Domestic Return Receipt, Drake did not
file a brief. Yellow Transportation filed a brief in support of the R. O.
M.
CYNTHIA DOUGLASS
Chief
Administrative Appeals Judge
WAYNE
C. BEYER
Administrative
Appeals Judge
29 C.F.R. § 1978.109(a). Accord Holmes v. Roadway
Express, Inc., ARB No. 05-112, ALJ No. 2005-STA-20 (ARB Apr. 28, 2006); Pardis
v. B & I Auto Supply, ARB No. 05-103, ALJ No. 2005-STA-17 (ARB
Mar. 27, 2006); Palmer v. G.W. Lumber & Mill Work, Inc., ARB No. 04-141,
ALJ No. 2004-STA-45 (ARB Sept. 27, 2005).