U.S. Department of Labor Administrative Review Board
200 Constitution Avenue, N.W.
Washington, D.C. 20210
ARB CASE NO. 98-110
ALJ CASE NO. 97-STA-35
DATE: July 21, 1998
In the Matter of:
ETHEL P. SELF,
COMPLAINANT,
v.
JACKSON RAPID DELIVERY SERVICE,
RESPONDENT.
BEFORE: THE ADMINISTRATIVE REVIEW BOARD
FINAL DECISION AND ORDER
This case arises under the employee protection provision of the Surface
Transportation Assistance Act of 1982 (STAA), 49 U.S.C.A. §31105 (West 1994).
Complainant, Ethel P. Self (Self), alleged that Respondent, Jackson Rapid Delivery Service
(Jackson) violated the STAA when it discharged her from her position as a truck driver. In a
Recommended Decision and Order (RD), the Administrative Law Judge (ALJ) found that Self's
request for a hearing was timely, but that Self did not establish a STAA violation. The ALJ
recommended dismissal of the complaint.
The ALJ's findings of fact, RD at 3-7, are supported by substantial evidence
on the record as a whole, and therefore are conclusive. 29 C.F.R. §1978.109(c)(3). We accept
the ALJ's credibility determinations as well. Since the ALJ correctly applied the law to the facts,
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we accept his legal findings and conclusions. Therefore, we adopt the RD, which is attached, and
DISMISS the complaint.