DATE: February 22, 1995
Case No. 94-STA-4
In the Matter of:
WELDON BROWN
Complainant
v.
VARIOUS INSULATION PRODUCTS
Respondent
Before: GEORGE P. MORIN, Administrative Law Judge
ORDER OF DISMISSAL
This order follows the Notice to the Parties, issued in
this case on January 10, 1995, in which I gave the complainant
until January 25, 1995, to advise the court that he stood ready to
proceed to hearing in this Surface Transportation Assistance Act
(STAA) case in which more than 15 months have passed since
complainant, on October 15, 1993, objected to the Secretary's
findings of September 2, 1993, that complainant's discharge from
respondent's employment, on or about February 12, 1993, was not
activity protected by Section 405 of the STAA, and requested a
hearing before an administrative law judge.
I have waited 21 days beyond January 25, 1995 before
addressing the fact that no response has been received from
complainant, despite his counsel's oral indication that he intended
to do so. The history of this proceeding, set forth in detail in
the Notice to the Parties of January 10, 1995, is one marked by
delays, inaction and failure to respond when requested to do so,
all on the complainant's part. The respondent on several occasions
has indicated its readiness and willingness to proceed to hearing
whenever and wherever it might be set.
The only conclusion that may reasonably be drawn from
complainant's virtually total silence when pressed for some
indication of intention to go forward is that complainant is no
longer interested in pursuing his appeal. Accordingly, as I
indicated was my intention in the Notice to the Parties if I did
not hear from complainant, I an ordering this proceeding dismissed.
ORDER
[PAGE 2]
IT IS ORDERED that, for complainant's failure to respond to
the Notice to the Parties, issued January 10, 1995, the above-
captioned proceeding be, and it is hereby, DISMISSED.
