Administrative Law Judge (ALJ) Stephen E. Halpern submitted a
Recommended Decision and Order in this case arising 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 case be dismissed, finding that Complainant was justifiably
terminated for an act of misconduct and that the reasons advanced by Respondent for its action
were supported by the evidence in the record and were not pretextual. He held, therefore, that the
termination action was not in retaliation for protected activity.
The record in this case has been thoroughly reviewed. The record
fully supports the ALJ's factual findings and under the applicable regulations, those findings are
conclusive. 29 C.F.R. § 1978.109(c)(3) (1987). Complainant's failure to establish
retaliation by Respondent based on protected activity requires that the complaint be denied. 29
C.F.R. § 1978.109(c)(5). Accordingly, I adopt and append to this order the ALJ's
recommended decision and order and the complaint in this case IS DENIED.
