ASSISTANT SECRETARY OF LABOR
FOR OCCUPATIONAL SAFETY AND HEALTH,
PROSECUTING PARTY,
AND
ROBERT C. LEIDIGH,
COMPLAINANT,
v.
FREIGHTWAY CORPORATION,
RESPONDENT.
BEFORE: THE SECRETARY OF LABOR
FINAL DECISION AND ORDER
Before me for review, in this case arising under section 405 of the
Surface Transportation Assistance Act of 1982 (STAA), 49 U.S.C. app. § 2305 (1988), is a
Recommended Decision and Order (R.D. and O.) issued March 12, 1991, by Administrative Law
Judge (ALJ) W. Ralph Musgrove. The Assistant Secretary for occupational Safety and Health
requests that I defer here to the outcome of a National Labor Relations Board (NLRB)
proceeding; Respondent Freightway Corporation (Freightway) states that it has no objection to
the request; and the ALJ has recommended that deferral is appropriate. Under 2 9 C.F.R. §
1978.112(c)(1990), I may defer to the outcome of proceedings initiated by a STAA complainant
in other forums if those proceedings (1) dealt adequately with all factual issues; (2) were fair,
regular and free of procedural infirmities; and (3) produced an outcome that is not repugnant to
the purpose and policy of the STAA. Upon consideration, I adopt the ALJ's recommendation.
The R.D. and O. and its Exhibit A are attached hereto.
The "other proceeding" at issue, initiated by Complainant
Leidigh before the NLRB, produced the following factual finding: In a December 4, 1986,
written response to an inquiry by Midwest Coast Transport, a prospective employer of
1In a separate STAA proceeding,
Complainant had charged Respondent with unlawful discrimination when it terminated him in
May 1986. Leidigh v. Freightway Corp., Case No. 87-STA-12, Sec. order, July 9,
1990.
2While the NLRB ALJ focused on
activity protected under the National Labor Relations Act, Respondent's blacklisting of
Complainant was motivated by all enumerated complaints.