Office of Administrative Law Judges 2 Executive Campus, Suite 450 Cherry Hill, NJ 08002
(856) 486-3800
Issue Date: 14 November 2003
CASE NO: 2003-STA-5
In the matter of
BRYCE SABIN
Complainant
v.
YELLOW FREIGHT SYSTEM, INC.
Respondent
FINAL DECISION AND ORDER APPROVING COMPLAINANT'S WITHDRAWAL OF OBJECTIONS TO THE SECRETARY'S FINDINGS, REINSTATING AND AFFIRMING THE SECRETARY'S FINDINGS, DISMISSING CLAIM WITH PREJUDICE, AND AWARDING RESPONDENT COSTS
This matter arises under the employee protection provisions of section 405 of the Surface and Transportation Assistance Act of 1982, 49 U.S.C. § 31105 (hereinafter the "STAA"), with its implementing regulations found at 29 C.F.R. Part 1978. On March 11, 2002, the Complainant, Mr. Bryce Paul Sabin, filed a complaint with the Occupational Safety and Health Administration, alleging that the Respondent, Yellow Freight System, Inc., terminated him because he engaged in protected activity. After investigation, the Secretary determined that the complaint lacked merit. The Complainant appealed the Secretary's decision to the Office of Administrative Law Judges.
On July 18, 2003, Counsel for the Complainant, Mr. Paul O. Taylor, filed a Motion for Leave to Withdraw as Attorney. On July 21, 2003, the request to withdraw as representative was granted and the Respondent filed a Motion for Summary Judgment. By facsimile received in this Office on August 5, 2003, the Complainant, acting in a pro se capacity, submitted an incomplete reply to the Motion for Summary Judgment. The claim was continued and the Complainant was provided additional time to reply to the Motion for Summary Judgment. On August 20, 2003, the Complainant submitted a reply. Thereafter, on August 26, 2003, the Motion for Summary Judgment was denied and the case was set for hearing.
1 At the hearing, the Complainant submitted to the Court a written Motion to Withdraw Objections to the Findings. The Motion stated that "[p]ursuant to 29 U.S.C. 1978111(c), the Complainant is withdrawing his objections to the findings by OSHA of Yellow Freight/Sabin/5-1260-02-021" in order for the Complainant to move forward with a State claim.
2 The Respondent provided documentation of the specific expenses that they incurred.