DOMINO'S PIZZA DISTRIBUTION CORPORATION,
RESPONDENT.
BEFORE: THE SECRETARY OF LABOR
FINAL DECISION AND ORDER
Administrative Law Judge (ALJ) Thomas M. Burke
submitted a Recommended Decision and Order (R.D. and O.) in this case which arises under the
employee protection provision of the Surface Transportation Assistance Act of 1982, 49 U.S.C.
app. § 2305 (1982). That decision, issued on October 6, 1989, recommends that the case be
dismissed based upon the ALJ's conclusions that Complainant Howe was justifiably terminated
for misconduct, i.e. "insubordination and abusive behavior," R.D. and O. at 8, and
that the reasons advanced by Respondent for its action were supported by the record and were
not pretextual. He held that Complainant's termination was not in retaliation for protected
activity and that Complainant had failed to present a primafacie case. R.D.
and O. at 9.
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) (1988). I also concur in the ALJ's conclusion that
Complainant has failed to establish a primafacie case of retaliation by the
Respondent based on protected activity. Accordingly, I adopt and append to this order the
Recommended Decision and Order of October 6, 1989, and the complaint in this case IS
DENIED. 29 C.F.R. § 1978.109(c)(4).
