Before me for review is the Recommended Decision and Order (D.
and O.) of Administrative Law Judge (ALJ) Quentin P. McColgin issued on January 24, 1990, in
this case which arises under Section 405, the employee protection provision, of the Surface
Transportation Assistance Act of 1982 (the Act). 49 U.S.C. app. § 2305 (1982).
On April 16, 1990, Complainant filed with my office a letter
withdrawing his complaint. The regulations under the Act provide that upon the "filing [of]
a written withdrawal" by Complainant "if the case is on review, with the
Secretary"[,] that I "shall affirm any portion of the findings or preliminary order [of
the Regional Administrator] with respect to which the objection was withdrawn." 29
C.F.R. § 1978.111(c) (1989). I therefore adopt as my final decision and order, and append
hereto, the, Secretary's Findings issued on August 11, 1989, by Gilbert J. Saulter, Regional
Administrator of the Occupational Safety and Health Administration, finding that Respondent's
discharge of Complainant was not a violation of Section 405 of the Act. Accordingly, the
complaint of Dale Patterson is DISMISSED.
