Administrative Law Judge (ALJ) Martin J. Dolan, Jr. submitted a
recommended decision and order to me on April 4, 1985 in this case arising under the employee
protection provisions of the Surface Transportation Assistance Act of 1982, 49 U.S.C. 2305 (the
Act). The ALJ found that respondent Roadway Express, Inc. did not violate section 405(b) of
the Act, 49 U.S.C. 2305(b), when it discharged complainant Lucius Abrams on March 5, 1983.
The ALJ carefully considered the evidence and weighed all the testimony at the two day hearing
in this case. The record in this case has been reviewed and it fully supports the ALJ's
recommended decision and I adopt it.
In view of my decision on the merits in this case, it is not necessary
to consider respondent's various motions for dismissal, summary judgment and-deferral to prior
arbitration. The Secretary has no authority under section 405(c)(2)(B) 49 U.S.C. 2305(c)(2), to
award attorneys' fees and costs in cases in which he determines that there has been no violation
of the Act. Respondent's request for attorneys' fees and costs, therefore, is denied.
Accordingly, the complaint in this case is DISMISSED.
