U.S. DEPARTMENT OF LABOR
SECRETARY OF LABOR
WASHINGTON, D.C.
DATE: June 24, 1988
CASE NO. 88-STA-7
IN THE MATTER OF
JERRY L. HOOKS,
COMPLAINANT,
v.
TRANSPORTATION SERVICES, INC.,
RESPONDENT.
BEFORE: THE SECRETARY OF LABOR
FINAL ORDER OF DISMISSAL
Before me for review is the Recommended Order of Dismissal, issued
by Administrative Law Judge (ALJ) James W. Kerr, Jr. on March 31, 1988, in the above-captioned case, which arises under the Surface Transportation Assistance Act of 1982 (STAA),
49 U.S.C. app. § 2305 (1985).
The ALJ's recommendation that this case be dismissed is based on
Complainant's written notification that he had "no interest in continuing the complaint
against Transportation Services, Inc." Exhibit #1. The record reveals that this statement
was filed with the ALJ shortly before commencement of a hearing scheduled as a result of
Respondent's objections to the Secretary's Findings, issued on October 8, 1987, finding that
Respondent violated the STAA by refusing to provide further work to Complainant.
Neither the regulations implementing the STAA, 29 C.F.R. Part 1978,
nor the Rules of Practice and Procedure for Administrative Hearings Before the Office of
Administrative Law Judges, 29 C.F.R. Part 18, contemplate the situation presented by this case.
I, therefore, apply the Federal Rules of Civil Procedure.
I find that Rule 41(a)(1)(ii) is applicable. That rule provides for
voluntary dismissal of an action by the "filing of a stipulation of dismissal signed by all
parties who have appeared in the action." Although Complainant's written notification to
the ALJ was not signed by Respondent and by the Solicitor of Labor, the other parties appearing
in the action, both the Respondent and the Solicitor agreed on the record to dismissal of
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Complainant's complaint. Transcript of Hearing held on March 9, 1988, at 5-6. Such agreement
has the same effect as the filing of a joint stipulation.
Accordingly, the complaint initiating this case is DISMISSED.
