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 Thomas alleges that his employer, Independent Grocers of
Abilene, Texas, discharged him in violation of section 2305 because he refused to drive in
hazardous weather conditions. On January 28, 1987, Administrative Law Judge (ALJ) Judge
Kenneth A. Jennings issued a Recommended Decision and Order in which he concluded that
Complainant's discharge was in violation of section 2305(b) of the STAA and recommended that
employer pay to Complainant back wages, compensatory damages and attorneys fees.
Based on a thorough review of the record, I conclude that the ALJ's
findings and conclusions are supported by subtantial evidence 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). In a
careful, well-written and well-reasoned decision, the ALJ thoroughly reviewed the revelant
evidence, applied the proper burdens of proof, made the necessary credibility findings and
weighed the evidence. Accordingly, I adopt and append to this order ALJ Jenning's
Recommended Decision and Order of January 28, 1987.
