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Issue date: 11Oct2002
CASE NO.: 2002-STA-43
IN THE MATTER OF
ROGER C. ELLIOT, JR.,
Complainant
v.
CHRIS TRUCK LINE,
Respondent
ORDER APPROVING COMPLAINANT'S WITHDRAWAL OF OBJECTIONS TO FINDINGS OF OSHA REGIONAL ADMINISTRATOR AND AFFIRMING SAID FINDINGS
On May 1, 2002, Complainant, pursuant to the employee protection provisions of the Surface Transportation Assistance Act (STAA), 49 U.S.C. §§ 31105, et. seq., filed a timely complaint against Chris Truck Line (Respondent) alleging that Respondent terminated him on April 29, 2002 in violation of the STAA because of his action in reporting unsafe and hazardous conditions on April 22, 2002 involving a chemical container leakage aboard trailer # 28123.
The Regional Administrator investigated Complainant's allegations on July 22, 2002, issued a report finding that Respondent had reasonable cause to terminate Complainant for insubordination which occurred on April 25, 2002, and accordingly found no merit to the complaint. On July 27, 2002, Complainant filed timely objections to the Regional Administrator's findings resulting in the matter being referred to the undersigned for hearing which was set for September 5, 2002.
However, prior to the hearing, Complainant verbally requested to withdraw his objections to the Regional Administrator's findings inasmuch as he did not want to expend either time or money in the pursuit of these objections at a hearing. On September 9, 2002, Complainant by letter, confirmed this request.
Based upon Complainant's request and pursuant to 29 C.F.R. § 1978.111(c), I hereby approve Complainant's withdrawal of objections and affirm the findings of the Regional Administrator.
