This is a proceeding arising under the employee protection provision of
the Surface Transportation Assistance Act of 1982, 49 U.S.C. § 2305.
Complainant Stack contends that his employer, respondent Preston
Trucking Company, suspended him for three days in violation of section 2305 because he had
complained about various safety violations. On November 2, 1984, Administrative Law Judge
Frank J. Marcellino issued a Recommended Decision and Order in which he recommended that
the complaint in this case be dismissed. I have thoroughly reviewed the record in this case and
agree with this recommendation. Therefore, it is ordered that the complaint of Walter C. Stack
pursuant to the Surface Transportation Assistance Act of 1982 is herewith dismissed.
