Complainant Foster alleges that he was unlawfully discharged from his
employment as a truck driver with Respondent for his refusal to operate a tractor because of his
reasonable apprehension of serious injury to himself or the public due to the unsafe condition of
the vehicle. Respondent does not dispute that it discharged Foster for his refusal to drive the
tractor, but Respondent denies that Foster had a reasonable apprehension of injury due to the
tractor's condition.
The case was heard by Administrative Law Judge (ALJ) Anthony J.
Iacobo on may 10-11, 1984. On June 6, 1984, Judge Iacobo issued his Recommended Decision,
in which he recommended that the complaint be dismissed. The ALJ made careful credibility
determinations, crediting conflicting testimony over Foster's testimony that the brakes of the
tractor were too tight, that part of the door panel impeded his steering, and that the front end
bounced so badly that he could not keep his feet on the pedals. The ALJ, accepting evidence that
there had been an informal arrangement between Respondent and Foster's union that regular
drivers like Foster would not be required to drive the truck, inferred that Foster "felt
imposed upon in being required to drive" it. Recommended Decision at 7. He concluded
that the tractor was safe and its condition would not have caused a reasonable apprehension of
serious injury. He therefore held that Foster failed to prove a violation.
The case is now before me for decision pursuant to 49 U.S.C. §
2305(c)(2)(B) . Upon a thorough review of the evidence and the ALJ's decision, I find that the
evidence clearly supports Judge Iacobo's findings. Moreover, Judge Iacobo's credibility
determinations and the inferences he drew from the evidence are reasonable. I therefore accept
the ALJ's findings and adopt his recommended decision in its entirety.
Accordingly, it is ORDERED that the complaint be dismissed.
RAYMOND J. DONOVAN
Dated: SEP 19 1984
[ENDNOTES]
1
No person shall discharge...an employee ... for refusing to operate a vehicle... because of the
employee's reasonable apprehension of serious injury to himself or the public due to the unsafe
condition of such equipment. The unsafe conditions causing the employee's apprehension of
injury must be of such nature that a reasonable person, under the circumstances then confronting
the employee, would conclude that there is a bona fide danger of an accident, injury, or serious
impairment of health, resulting from the unsafe condition ....
