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Bates v. Kasbar, Inc., 85-STA-11 (Sec'y May 29, 1986)


U.S. DEPARTMENT OF LABOR

SECRETARY OF LABOR
WASHINGTON, D.C.

Case No. 85-STA-11

In the Matter of

MELVIN E. BATES,
    Claimant

    v.

KASBAR, INC.,
   Defendant

FINAL DECISION AND ORDER

    This proceeding arises under the employee protection provision of the Surface Transportation Assistance Act of 1982 (STAA), 49 U.S.C..app. § 2305 (1982).

    Complainant Bates contends that he was fired, in violation of the STAA Section 405, by his employer, Kasbar, Inc., for refusing to drive a motor vehicle that was unsafe to operate.

    A hearing was held before Administrative Law Judge (ALJ) John C. Holmes who issued a decision on March 7, 1986, recommending that the complaint be dismissed because Claimant had failed to demonstrate that his employer had violated the STAA.

    The record in this case has been reviewed and it fully supports the ALJ's findings and his conclusion that Claimant has failed to establish any violation of the STAA. Accordingly, I adopt the decision and order of the ALJ, a copy of which is appended, and ORDER that the complaint IS DISMISSED.

       WILLIAM E. BROCK
       Secretary of Labor

Dated: MAY 29 1986
Washington, D.C.



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