DATE: May 24, 1991
CASE NO. 86-STA-12

IN THE MATTER OF

JOHN TORBET,
    COMPLAINANT,

    v.

DELTA/MCLEAN TRUCKING,
    RESPONDENT.¹

BEFORE: THE SECRETARY OF LABOR

    The ALJ found that Complainant, who alleged that he was discharged because of his refusal to drive in violation of [illegible] the driving [illegible] motor vehicle when the driver is fatigued or likely to become fatigued), did not establish that Respondent violated the STAA. Based on a thorough review of the entire record, I find that the ALJ's factual findings are fully supported by the evidence and that her conclusions are in accordance with applicable law. Accordingly, I adopt,² and append hereto, the ALJ's R. D. and O. of March 26, 1991.

    SO ORDERED.

       LYNN MARTIN
       Secretary of Labor

Washington, D.C.

¹The caption is modified in conformance with 29 C.F.R. § 1978.107(b) (1990).

²I adopt the ALJ's decision with the following modification: on page 10, paragraph 2, line 2, I change September 4 to September 6. Complainant's Ex. C at 25.

I also note that item #15 of the parties' stipulation states that the dispatcher called on the night of September 5 whereas item #3 of that stipulation places the call on September 6. Compare R.D. and O. at 3 and 10. September 6 is the correct date.