Before me for review is the Recommended Decision and Order issued on
March 11, 1986, by Administrative Law Judge (ALJ) G. Marvin Bober, in the above-captioned
case which arises under the employee protection provision of the Surface Transportation
Assistance Act of 1982, 49 U.S.C. app. § 2305 (1982). The ALJ recommended that the
complaint in this case be dismissed.
The record in this case has been fully reviewed and I agree with the ALJ
that Complainant has failed to establish that Respondent's actions in reducing the number of
"bid runs" at the Baltimore Terminal and Respondent's issuance of the warning letter
of July 18, 1985, to Complainant were motivated in whole or in part by Complainant's protected
conduct. I, therefore, adopt the ALJ's decision which is appended hereto.