Before the Board issued a final decision in this case, Hubbard withdrew his objections to the Secretary's initial findings. Accordingly, we AFFIRM the ALJ's recommended decision granting Hubbard's request
[Page 3]
to withdraw his objections to the Secretary's preliminary findings and affirming those findings denying his complaint as provided in 29 C.F.R. § 1978.111(c).
SO ORDERED.
M. CYNTHIA DOUGLASS
Chief Administrative Appeals Judge
WAYNE C. BEYER
Administrative Appeals Judge
[ENDNOTES]
1 49 U.S.C.A. § 31105 (West 1997).
2 "A person may not discharge an employee, or discipline or discriminate against an employee regarding pay, terms, or privileges of employment, because . . . the employee, or another person at the employee's request, has filed a complaint or begun a proceeding related to a violation of a commercial motor vehicle safety regulation, standard, or order, or has testified or will testify in such a proceeding . . . ." 49 U.S.C.A. § 31105(a)(1)(A)(West 1997).
3 See 29 C.F.R. § 1978.105(a). Unless a party files a timely objection to OSHA's findings or preliminary order or both, the findings or preliminary order become final. 29 C.F.R. § 1978.105(b)(2).
4 See Secretary's Order 1-2002, 67 Fed. Reg. 64,272 (Oct. 17, 2002).
5 29 C.F.R. § 1978.109(a).
6 29 C.F.R. § 1978.109(c)(3); BSP Trans, Inc. v. U.S. Dep't of Labor, 160 F.3d 38, 46 (1st Cir. 1998); Castle Coal & Oil Co., Inc. v. Reich, 55 F.3d 41, 44 (2d Cir. 1995).
7 Roadway Express, Inc. v. Dole, 929 F.2d 1060, 1066 (5th Cir. 1991); Monde v. Roadway Express, Inc., ARB No. 02-071, ALJ Nos. 2001-STA-022, 2001-STA-029, slip op. at 2 (ARB Oct. 31, 2003).
8 29 C.F.R. § 1978.111(c). This regulation provides in pertinent part:
At any time before the findings or order become final, a party may withdraw his objections to the findings or order by filing a written withdrawal with the administrative law judge . . . . The judge . . . shall affirm any portion of the findings or preliminary order with respect to which the objection was withdrawn.