U.S. Department of Labor Office of Administrative Law Judges
John W. McCormack Post Office and Courthouse
Boston, Massachusetts 02109
(617) 223-9355
(617) 223-4254 (FAX)
Date: May 3, 1999
Case No.: 1999-STA-22
File No.: 1082551
IN THE MATTER OF:
Clarence E. Alt and Waunetta Alt, Claimants
v.
Northland Trucking, Inc., Respondent
ORDER OF DISMISSAL
This matter arises under Section 405 of the Surface Transportation Assistance
Act ("STAA"), 49 U.S.C. § 2305. Complainants, Clarence and Waunetta Alt,
filed a complaint with the Secretary of Labor on September 16, 1998, alleging that Respondent,
Northland Trucking, Inc., had discriminated against them in violation of 49 U.S.C. §
31105(a)(1)(A).
On February 9, 1999, the Regional Administrator for the United States
Department of Labor, Occupational Safety and Health Administration, issued "Findings"
stating that the Complainants' refusal to accept a certain dispatch assignment to Houston, Texas, was
not justified nor was it a protected activity under the Act. The "Findings" concluded that
Respondent's termination of the Complainants did not appear to be in violation of 49 U.S.C. §
31105. Complainants objected to the "Findings" on February 12, 1999, and requested
a hearing before an Administrative Law Judge.
[Page 2]
A hearing was scheduled before the undersigned Administrative Law Judge
on May 10, 1999, in Phoenix, Arizona. By letter dated April 24, 1999, the parties submitted a
Stipulation for Dismissal of Claims With Prejudice, stating that Complainants withdrew all of their
claims and requested dismissal with prejudice of all claims they have against Respondent. The
parties further agreed that each party shall bear their own costs and expenses incurred herein.
Rule 41(a) of the Federal Rules of Civil Procedure governs the voluntary
dismissal requests of complaints under the Surface Transportation Assistance Act
("STAA") because the Office of Administrative Law Judge ("OALJ") Rules
of Practice and Procedure do not provide for such at this stage of the proceeding. Rule 41(a)(1)
states, "Subject to the provisions of Rule 23(e), of Rule 66, and of any statute of the United
States, an action may be dismissed by the plaintiff without order of court... (ii) by filing a stipulation
of dismissal signed by all parties who have appeared in the action. Unless otherwise stated in the
notice of dismissal or stipulation, the dismissal is without prejudice..." FRCP Rule
41.
The OALJ Rules provide only for dismissals of requests for hearings, which
leaves in effect the preliminary order and does not result in an automatic dismissal of the complaint.
29 C.F.R. § 18.39(b) Rather, a complainant's motion for voluntary dismissal of an
STAA complaint in effect constitutes a withdrawal under the provisions of 29 C.F.R. §
1978.112(c), which provides for the complainant's withdrawal of his objections to and the
Administrative Law Judge's affirmance of the findings of the Regional Administrator.
Slaughter v. Pie Nationwide, 89-STA-13 (Sec'y Feb. 23, 1990).
Accordingly, IT IS ORDERED that the Stipulation for Dismissal
of Claims with Prejudice is hereby APPROVED. The Secretary's "Findings",
issued on February 9, 1999, finding Complainants' firing was not in violation of Section 405 of the
STAA, are hereby AFFIRMED. Furthermore, the Complainants' claims under the STAA
are hereby DISMISSED WITH PREJUDICE.