Date Issued: October 31, 1994
Case No. 94-STA-00019
In the matter of
GARY INGRAM
Complainant
v.
NATIONAL BY-PRODUCTS
Respondent
ORDER OF DISMISSAL
1. The Complainant, Gary Ingram, filed a complaint under Section
11(c) of the Occupational Safety and Health Act, Public Law 91-
596 and Section 405 of the Surface Transportation Assistance Act
of 1982 (49 U.S.C. 2301 etseq).
2. On January 6, 1994, Mr. John T. Phillips, Regional
Administrator, United States Department of Labor - Occupational
Safety and Health, 911 Walnut Street, Room 406, Kansas City,
Missouri, 64106 determined that the complaint had no merit and,
therefore, dismissed such complaint.
3. By letter dated February 1, 1994, Mr. Ingram objected to the
finding of the Regional Administrator and requested a hearing as
provided for in the Act.
4. I scheduled a hearing in this matter for April 18 and 19,
1994. This was continued at the request of the Respondent.
5. The hearing was rescheduled for June 27 and 28, 1994. This
hearing date was rescheduled at the request of the Complainant.
6. I set a third hearing date of October 4 and 5, 1994.
7. At the hearing on October 4, 1994, Attorney Price,
representing the Complainant, moved the Court as follows: "...At
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this time we move to dismiss our objections of the findings of
the commission...".
8. Attorney Dye, representing the Respondent stated that "...I
have no objection to dismissal of this matter with prejudice...".
9. I then stated, in open Court, that "...since it's been so
moved by Attorney Price and Mr. Dye has no objection to it, I
will adopt the findings of the commission in this matter and this
action will be dismissed with prejudice...".
10. Accordingly, I hereby adopt the findings of the Commission
as set forth by the Regional Administrator's determination of
January 6, 1994 and the complaint of Mr. Gary Ingram IS HEREBY
DISMISSED WITH PREJUDICE.
FRANK D. MARDEN
Administrative Law Judge
