This is a proceeding arising under the employee protection provision of the
recently enacted Surface Transportation Assistance Act of 1982 (STAA), 49 U.S.C. §
2305.
Complainant Hilton contends that his employer, Glass-Tec, disciplined and
discharged him in violation of section 2305(b) because he refused to drive a trip assignment
when he was ineligible to drive under Department of Transportation safety regulations. On May
8, 1984, Administrative Law Judge Theodor P. Von Brand issued a Recommended Decision and
Order in which he concluded that complainant was not discharged by Glass-Tec but left Glass-Tec's employ voluntarily. Judge Von Brand, however, concluded that Glass-Tec's imposition of
a two-week suspension and a thirty day probation period on Hilton violated section 2305(b) of
STAA. I have thoroughly reviewed the record in this case and agree with these conclusions.
Therefore, Glass-Tec Corporation is ordered to compensate complainant
for two weeks' lost wages in the amount of $961.54.
