Before me for review is the Recommended Decision and Order of
District Chief Administrative Law Judge (ALJ) E. Earl Thomas issued on January 26, 1990, in
the captioned case which arises under the employee protection provision of the Surface
Transportation Assistance Act of 1982 (the STAA), 49 U.S.C. app. § 2305 (1982). The
ALJ dismissed Complainant's complaint alleging that he was unlawfully discharged, finding that
at the time of discharge Complainant was not engaged in protected activity, but even if he were,
there was no showing that the protected activity caused his discharge.