DATE: December 3, 1993
CASE NO. 92-STA-34
IN THE MATTER OF
MORGAN STILES,
COMPLAINANT,
v.
J.B. HUNT TRANSPORTATION, INC.,
RESPONDENT.
BEFORE: THE SECRETARY OF LABOR
ORDER
The Secretary issued a Decision and Order (D.& O.) on
September 24, 1993, dismissing the complaint in this case because
Complainant Morgan Stiles did not establish a violation of the
Surface Transportation Assistance Act of 1982 (STAA), 49 U.S.C.
app. § 2305 (1988). In the decision, the Secretary noted
that the Stiles did not file a brief before him. D.& O. at 2
n.2.
Stiles has moved for reconsideration of the September 24
Decision because he had filed a brief before the Secretary, and
attached a copy of the brief to his motion. Although the STAA
does not contain a provision for seeking reconsideration of a
final decision of the Secretary, I will consider the request in
this case because I reached the earlier decision without the
benefit of Stiles' brief, which was not in the record at the
time.
Stiles' brief raises no new issues or evidence that was not
considered in reaching the earlier decision. On consideration of
the entire record, including Stiles' brief before me, the motion
for reconsideration is DENIED.
An error in the September 24, 1993, Decision and Order
requires correction. At page 6, Part II, first paragraph, the
[PAGE 2]
third sentence is corrected to read: "Stiles had been discharged
earlier in February 1992 for uncooperative behavior."
SO ORDERED.
ROBERT B. REICH
Secretary of Labor
Washington, D.C.