DOL Home > OALJ > Whistleblower > Clement v. Milwaukee Transport Services, Inc., 2000-STA-8 (ALJ June 20, 2000) |
Clement v. Milwaukee Transport Services, Inc., 2000-STA-8 (ALJ June 20, 2000)
U.S. Department of Labor | Office of Administrative Law Judges 525 Vine Street, Suite 900 Cincinnati, OH 45202 (513) 684-3252 | ![]() |
Date: June 20, 2000
Case No.: 2000-STA-0008
In the Matter of:
PATRICK N. CLEMENT,
Complainant
v.
ILWAUKEE TRANSPORT SERVICES, INC.,
Respondent
BEFORE: ROBERT L. HILLYARD
Administrative Law Judge
This comes before the undersigned on a request for remand filed by the Respondent, Milwaukee Transport Services, Inc., through its attorney, Sean M. Scullen, Esq., of the firm of Quarles & Brady.
Patrick N. Clement, Complainant, filed a complaint against Milwaukee Transport Services, Inc., alleging that on February 4, 1999, he was terminated by the Respondent in violation of the Surface Transportation Assistance Act of 1982 (49 U.S.C. § 2301, et seq.). Secretary's Findings were issued on November 1, 1999, in which the complaint was found to be untimely filed and subsequently dismissed. Complainant objected to the findings and requested a hearing before an Administrative Law Judge. The case was assigned to the undersigned for hearing. A conference by telephone was held on December 17, 1999, during which the parties requested that a hearing not be scheduled until after the Respondent had an opportunity to file a otion to Dismiss based on untimely filing of the complaint by Mr. Clement.
After consideration of the Motion to Dismiss and the briefs filed by the parties, an Order was issued on June 2, 2000, in which I found that certain letters by the Complainant were sufficient to constitute filings under § 1978.102 and, because the filings were made within 180 days of the Claimant's February 4, 1999 termination, the Claimant's complaint was timely. The otion to Dismiss was denied.
By letter filed June 15, 2000, the Respondent requested that the case be remanded to the Secretary so that findings on the merits may be issued as required by 29 C.F.R. § 1978.104. In his Answer to the Respondent's Reply Brief, Complainant requests that the
Secretary's Findings be overturned, an investigation ordered, and a hearing scheduled. Twenty-nine C.F.R. § 1978.104(a) provides that after considering all the relevant information collected during the investigation, the Assistant Secretary is to issue written findings as to whether there is reasonable cause to believe that the named person or others have discriminated against the complainant in violation of § 405(a) or (b). Because it was initially determined that the complaint was not timely filed, the complaint was dismissed and an investigation was not undertaken. The request for remand will be granted so that an investigation can be completed as contemplated by 29 C.F.R. § 1978.104.
It is, therefore,
ORDERED that the Employer's request for remand is granted and this case is hereby REMANDED to the Assistant Secretary for an investigation and written findings as provided by 29 C.F.R. § 1978.104.
ROBERT L. HILLYARD
Administrative Law Judge