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| September 25, 2008 DOL Home > OALJ Home > Whistleblower Collection |
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USDOL/OALJ Reporter McCauley v. Pride Aviation, Inc., 1999-WPC-2 (ALJ Jan. 25, 2000)
Date Issued: January 25, 2000 CASE NO: 1999-WPC-2 In The Matter of
TIMOTHY A. MCCAULEY
v.
PRIDE AVIATION, INC.
OF RESPONDENT'S REQUEST FOR FORMAL HEARING This proceeding arises under the Federal Waste Pollution Control Act (FWPCA), 33 U.S.C. § 1251, et seq., (1972); the Toxic Substance control Act (TSCA), 15 U.S.C. §§ 2601, et seq., (1976); the Clean Air Act (CAA), 42 U.S.C. § 7622; and the regulations promulgated thereunder at 29 C.F.R. Part 24 which are employee protective provisions. The Secretary of Labor is empowered to investigate and determine "whistleblower" complaints filed by employees who are allegedly discharged or otherwise discriminated against with regard to their terms and conditions of employment for taking any action relating to the fulfillment of safety or other requirements established by the Federal Water Pollution Control Act, Toxic Substance Control Act and the Clean Air Act. The Respondent has requested a formal hearing based upon the Secretary's findings that Complainants' complaints of discrimination against Respondent in violation of the employee protective provisions of the FWPCA, TSCA, and the CAA were meritorious. This matter was stayed pending resolution of the similar issues presented before the U.S. District court for the Western District of Louisiana in Civil Action No. 98-1351 which resulted in a settlement agreement between the parties. [Page 2] On January 24, 2000, Respondent filed a "Motion to Withdraw Request for Formal Hearing" in recognition of the settlement agreement between the parties. Having considered the foregoing, the Motion to Withdraw Request for Formal Hearing is hereby GRANTED and the Complaint is hereby DISMISSED. ORDERED this 25th day of January, 2000, at Metairie, Louisiana.
LEE J. ROMERO, JR. |
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