This is a proceeding arising under the employee protection provision of the Surface
Transportation Assistance Act of 1982 (STAA), 49 U.S.C. app. § 2305 (1982), which prohibits
covered employers from discriminating against employees who have engaged in certain protected activities.
Complainant Joyce alleges that Respondent, Area Interstate Trucking, Inc.,
discharged him in violation of section 2305 because he complained about the vehicle he was assigned to
drive and because he refused to drive due to ill health. On March 20, 1987, Administrative Law Judge
(ALJ) Daniel Lee Stewart issued a Recommended Decision and Order in which he concluded that
Complainant's discharge was not in violation of section 2305(b) of the STAA.
Based on a thorough review of the record, I conclude that the ALJ's findings and
conclusions are supported by substantial evidence in the record and are in accordance with law. 51 Fed.
Reg. 42,091 (1986) (to be codified at 29 C.F.R. Part 1978); see § 1978.109(c)(3).
Accordingly, I adopt and append to this order ALJ Stewart's Recommended Decision and order of March
20, 1987.
