U.S. Department of Labor
Administrative Review Board
200 Constitution Avenue, N.W.
Washington, D.C. 20210
ARB CASE NO. 97-060
ALJ CASE NO. 96-STA-19
DATE: June 11, 1997
In the Matter of:
ALLEN T. SHUTE,
COMPLAINANT,
v.
SILVER EAGLE COMPANY,
RESPONDENT.
BEFORE: THE ADMINISTRATIVE REVIEW BOARD
FINAL DECISION AND ORDER
Before us for review is the Recommended Decision and Order (R. D. and
O.) issued on February 13, 1997 by the Administrative Law Judge (ALJ) in this case arising under
the employee protection provision of the Surface Transportation Assistance Act of 1982 (STAA),
49 U.S.C.A. § 31105. Complainant Allen T. Shute (Shute) alleges that Respondent Silver
Eagle Company (Silver Eagle) violated the STAA by issuing a warning letter in January 1996 for
his refusal to operate his vehicle and terminating him in April 1996 for leaving trailers containing
hazardous materials unattended on an interstate off-ramp. Silver Eagle alleges that Shute was
discharged for legitimate, nondiscriminatory reasons. The ALJ recommended that the complaint
be dismissed.
A hearing was held before the ALJ on June 4, 1996, and all appropriate
testimony and exhibits were received into evidence. R. D. and O. at 1. The findings of fact in the
ALJ's R. D. and O. are supported by substantial evidence on the record as a whole and therefore
are conclusive. 29 C.F.R. § 1978 (c)(3) (1983).
In discussing the burden of proof to be met by parties in STAA cases, R.
D. and O. at 2, the ALJ indicates that an employer's burden is to prove a legitimate,
non-discriminatory, non-pretextual reason for its action in order to rebut evidence raising a
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reasonable inference of retaliatory discharge. Id. However, if the evidence presented by the
complainant raises a reasonable inference of retaliatory discharge, the employer need only
articulate a non-discriminatory reason for its action. At all times, the complainant has
the burden of establishing that the real reason for his discharge was discriminatory. St.
Mary's Honor Center v. Hicks, 113 S.Ct. 2742 (1993).
In all other respects the ALJ's conclusions of law and fact are fully
supported by the applicable law and the record evidence. Accordingly, the R. D. and O. is
accepted (copy attached) and the complaint in this case is DISMISSED.
