ARB CASE NO. 06-093
ALJ CASE NO. 2006-STA-00011
DATE: August 25, 2006
In
the Matter of:
LARRY FERGUSON,
COMPLAINANT,
v.
SCHLUMBERGER
TECHNICAL
CORPORATION,
RESPONDENT.
BEFORE: THE
ADMINISTRATIVE REVIEW BOARD
Appearances:
For the Complainant:
David E. Wood,
Esq., McAllen, Texas
For the Respondent:
Amy Karff Halevy,
Esq., Bracewell & Giuliani LLP, Houston, Texas
FINAL DECISION AND DISMISSAL ORDER
This case arises under Section 405, the employee
protection provision, of the Surface Transportation Assistance Act of 1982
(STAA). On June 23, 2006, a Department of Labor
Administrative Law Judge issued a Recommended Order Approving Withdrawal of
Objections and Dismissing Claim (R. O.). The ALJ stated in the R. O.:
This case was brought under the Surface Transportation
Assistance Act, 49 U.S.C. § 31105. The matter is set for formal hearing on June 29, 2006, but Complainant, through Counsel, has now advised he does not wish to
pursue his complaint in this forum. Consequently, it is hereby ORDERED
that Complainant's appeal of OSHA's determination of December 23, 2005, is DISMISSED and the hearing scheduled for June 29, 2006 is CANCELLED.
The ALJ's R. O. and record were forwarded to the
Administrative Review Board for automatic review and to issue a final decision.
The Board issued a Notice of Review and
Briefing Schedule, directing the parties to file briefs in support of or in
opposition to the R. O., within thirty days from the date on which the ALJ
issued the R. O.
Both parties filed statements with the
Board indicating that they did not intend to file briefs.
The Board is required to issue a final decision and
order based on the record and the decision and order of the ALJ. Accordingly, we APPROVE Ferguson's withdrawal of his objections to OSHA's findings and DISMISS this appeal.
SO
ORDERED.
M. CYNTHIA DOUGLASS
Chief Administrative Appeals Judge
WAYNE C. BEYER
Administrative Appeals Judge
