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Haubold v. Grand Island Express, Inc., 90-STA-10 (Sec'y Sept. 27, 1990)


DEPARTMENT OF LABOR DECISIONS.

DATE: September 27, 1990
CASE NO. 90-STA-10

IN THE MATTER OF

RONALD HAUBOLD,
   COMPLAINANT,

v.

GRAND ISLAND EXPRESS, INC.,
   RESPONDENT,

BEFORE:    THE SECRETARY OF LABOR

THIRD ORDER DENYING REOPENING OF THE RECORD

   Subsequent to the issuance, on May 30, 1990, of the Order Denying Reopening of the Record, and the issuance on August 2, 1990, of the Order Granting Reconsideration and Affirming Denial of Reopening of the Record, Complainant submitted a letter again asking whether his case can be reopened. Letter of August 17, 1990 from Ron Hau- bold to Dept. of Labor, Office of the Secretary. Complainant has failed to serve a copy of this letter on Respondent and Respondent's counsel. A copy of Complainant's letter is attached to this Order for the purpose of accomplishing such service.

   For the reasons set forth in the orders of May 30, 1990, and August 2, 1990, Complainant's request for reopening of the record of this case is DENIED. I will not consider further requests to reopen this matter.

   Complainant is advised that 29 C.F.R. § 1978.110(a), which implements the Surface Transportation Assistance Act of 1982, provides that:

(a) Within 60 days after the issuance of a final order under § 1978.109, any person adversely affected or aggrieved by such order may file a petition for review of the order in the United States Court of Appeals for the circuit in which the violation allegedly occurred or the circuit in which the person resided on the date of the violation (49 U.S.C. 2305(d)(1)).

SO ORDERED.



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