This case arises under the employee protection provisions of the Surface Transportation Assistance Act (STAA) of 1982, as amended, 49 U.S.C.A. § 31105 (West 1997) and implementing regulations at 29 C.F.R. Part 1978 (2003). In his Recommended Order of Dismissal, the ALJ determined that he had no jurisdiction over the case and dismissed it. We agree with the ALJ's recommendation and also dismiss this matter.
In November 2002, Robert Wade, a driver for Sumitec, filed a timely complaint of discrimination with the Department's Occupational Safety and Health Administration (OSHA). After investigating, OSHA found no merit to the complaint and issued a determination to that effect on May 14, 2003.
1 In his Recommended Order, the ALJ incorrectly cited this case as 2003-STA-025. The correct number, 2003-STA-035, is set out on the ALJ website and is used in this decision.
2 Sumitec's objections involved OSHA's findings regarding Foreway Transportation, Inc., a company that supplied drivers and trucks to Sumitec.