U.S. Department of Labor Office of Administrative Law Judges
2600 Mt. Ephraim Avenue
Camden, New Jersey 08104
Telephone 609-757-5312
Telefax 609-757-5403
DATE: June 14, 1999
CASE NO: 1999-STA-00024
In the Matter of
MARK H. ALDASCH
Complainant
and
COCA COLA ENTERPRISES
Respondent
RECOMMENDED ORDER OF DISMISSAL
This matter is before me on the Complainant Mark H. Aldasch's request for a
formal hearing on his complaint alleging unlawful discrimination for raising safety complaints under the
provisions of the Surface Transportation Assistance Act of 1982, 49 U.S.C. §2305.
Pursuant to the Complainant's request, a hearing was scheduled for April 14,
1999 in Syracuse, New York. The hearing was continued at the Respondent's request due to
scheduling conflicts, and an order was issued on April 20, 1999 rescheduling the hearing to 9:00 a.m.
on May 26, 1999. Although the case filed reflects that this order was mailed to the Complainant at his
home address, neither the Complainant nor any appointed representative appeared at the hearing or
notified the administrative law judge that he could not appear. An appearance was made on behalf of
the Respondent by counsel who had traveled from Nashville, Tennessee and who was prepared to
proceed with three officials of the Respondent present as witnesses. In view of the Complainant's
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failure to appear, the Respondent moved to dismiss his complaint. In support of this motion, the
Respondent stated that he had placed a call at approximately 9:30 a.m. on May 26, 1999 to the
Complainant's current employer, Swan Foods, and was informed by a dispatcher that the Complainant
was at work and making a delivery.
By Order to Show Cause dated May 28, 1999, Complainant was given ten days
show good cause for his failure to appear at the hearing. To date no response has been received from
Complainant nor a representative of the Complainant. Accordingly,
IT IS HEREBY ORDERED that Complainant's request for hearing
is dismissed as abandoned pursuant to 29 C.F.R. §18.39(b).
