Office of Administrative Law Judges 800 K Street, NW, Suite 400-N Washington, DC 20001-8002
Issue Date: 07 July 2004
CASE NO: 2004-STA-45
In the Matter of
SHELLEY D. PALMER,
Complainant,
v.
G.W. LUMBER & MILLWORK, INC.,
Respondent.
FINAL DECISION AND ORDER APPROVING WITHDRAWAL OF OBJECTIONS AND DISMISSING CLAIM
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 and the implementing regulations found at 29 C.F.R. Part 1978. On January 8, 2004, the Complainant filed a complaint with the Occupational Safety and Health Administration, alleging that the Respondent terminated him because he engaged in protected activity. After investigation, the Secretary determined that there was no evidence of a violation, as the Respondent's termination was predominantly based on legitimate, non-discriminatory reasons. The Complainant appealed these findings and the matter was docketed in this Office on May 13, 2004; a hearing was scheduled to begin on August 18, 2004.
By letter received on June 24, 2004, the Complainant filed a motion to withdraw his appeal of the Secretary's findings. Pursuant to 29 C.F.R. § 1978.111(c), a complainant may file a written withdrawal with an Administrative Law Judge at any time before the findings or order becomes final. Accordingly, it is hereby ORDERED that the hearing is canceled, the Secretary's findings are reinstated, and the above-captioned matter is hereby DISMISSED, pursuant to 29 C.F.R. § 1978.111(c). See Creech v. Salem Carriers, Inc., 1988-STA-29 (Sec'y, Sept. 27, 1988).
