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Stack v. Preston Trucking Co., 86-STA-8 (Sec'y Apr. 23, 1986)


U.S. DEPARTMENT OF LABOR

SECRETARY OF LABOR
WASHINGTON, D.C.

APR 23 1986
Case No. 86-STA-8

In the Matter of

WALTER C. STACK,
    Claimant

    v.

PRESTON TRUCKING CO.,
    Respondent

FINAL DECISION AND ORDER

    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.

    Accordingly, the complaint is DISMISSED.

       WILLIAM E. BROCK
       Secretary of Labor



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