DATE: April 18, 1988
CASE NO. 87-STA-22

IN THE MATTER OF

JAMES WORTHEY,
    COMPLAINANT,

    v.

CHOO-CHOO TRANSPORTATION,
    RESPONDENT.

CASE NO. 87-STA-23

JAMES WORTHEY,
    COMPLAINANT,

    v.

RANGER TRANSPORTATION, INC.
    RESPONDENT.

BEFORE: THE SECRETARY OF LABOR

    On February 22, 1988, I issued an Order To Show Cause why the above-captioned cases should not be dismissed. None of the parties have responded to this order within the prescribed response period.¹ Consequently, I adopt the findings and recommendation set forth in the Recommended Order of Dismissal issued by Administrative Law Judge Theodor P. Von Brand on January 4, 1988. A copy of Judge Von Brand's decision is appended hereto.

    Accordingly, the complaints of James Worthey are DISMISSED WITH PREJUDICE.

    SO ORDERED.

       ANN MCLAUGHLIN
       Secretary of Labor

Washington, D.C.

¹Although each of the parties and their counsel were served by certified mail with a copy of this order, the copies served upon Complainant and Choo-Choo were returned as "undeliverable". Counsel for Complainant and counsel for Choo-Choo, however, received their copies. Under Rule 5(b) of the Federal Rules of Civil Procedure, Fed R. Civ. P. 5(b) (1987), "[s]ervice by mail is complete upon mailing". Moreover, Rule 5(b) provides that, where a party is represented by an attorney, "service shall be made upon the attorney unless service upon the party is ordered by the court."