DATE: February 23, 1990
CASE NO. 89-STA-13

IN THE MATTER OF

TERA B. SLAUGHTER,
   CLAIMANT,

v.

PIE NATIONWIDE,
   RESPONDENT.

BEFORE:   THE SECRETARY OF LABOR

   Before me for review is the Recommended Order of Administrative Law Judge (ALJ) George A. Fath issued on November 1, 1989, in the captioned case which arises under the employee protection provision of the Surface Transportation Assistance Act of 1982 (the Act), 49 U.S.C. app. § 2305 (1982).¹ The ALJ recommends that the case be dismissed with prejudice pursuant to Claimant's motion for dismissal, thereby reinstating the finding of the Regional Administrator, Occupational Safety and Health Administration, U.S. Department of Labor, that Claimant's discharge by Respondent was not in violation of the Act. Claimant's motion states that he has elected to pursue his recovery against Respondent in a pending action styled as Tera Slaughter v. P*I*E Nationwide and Teamsters Local No. 71, No. 89-0177-OM, in the United States District Court for the Western District of North Carolina.

   It is apparent that Claimant's Motion for Voluntary Dismissal in effect constitutes a withdrawal of his claim under the provisions of 29 C.F.R. § 1978.112(c), which also provides upon withdrawal for the ALJ's affirmance of the findings of the Regional Administrator. Having reviewed the ALJ's Recommended Order and Claimant's Motion for Voluntary Dismissal, I fully agree with ALJ's recommendation. I accordingly, adopt and append the ALJ's Recommended Order.

   Wherefore, Claimant's motion for dismissal is granted and this case is DISMISSED with prejudice.

¹Although issued on November 1, 1989, the Recommended Order of the ALJ was not received in the Office of the Secretary, Office of Administrative Appeals, until February 9, 1990. Such delay renders my responsibility under the Act and the regulations to issue a final order within 120 days of issuance of the ALJ's decision difficult at best. See 49 U.S.C. app. § 2305(c)(2)(A); 29 C.F.R. § 1978.109(c) (1989).