1 This Final Decision and Order is one of two related final decisions issued simultaneously by the Administrative Review Board following appeal by Complainant Plumlee from Recommended Decisions and Orders of Dismissal entered February 25, 1999, in ALJ Nos. 1998-TSC-8 and 1998-TSC-9. The related Final Decision and Order of the ARB is entered in Plumlee v. Dow Chemical Co., ARB No. 99-052.
2 The ALJ, upon acceptance of affidavits and other relevant documents submitted by Corporate Express, properly converted the motion to dismiss into one for summary decision pursuant to 29 C.F.R. §18.40.
3 Dow was the only company in the Freeport area for which Corporate Express provided delivery service. Corporate Express claimed that requiring Plumlee to drive to Houston, the site of its nearest contract, was unfeasible. Corporate Express also claimed that similar work was not available in the Houston area. Brief of Respondent Corporate Express at 3 n. 7.
4 Plumlee raised several other arguments in her brief which are without merit and do not warrant a separate discussion in this order.