DOL Home > OALJ > Whistleblower > O'Hara v. A. C. Hesse Contractors, LLC, 2003-STA-49 (ALJ Jan. 27, 2004) |
O'Hara v. A. C. Hesse Contractors, LLC, 2003-STA-49 (ALJ Jan. 27, 2004)
U.S. Department of Labor | Office of Administrative Law Judges 2 Executive Campus, Suite 450 Cherry Hill, NJ 08002 (856) 486-3800 | ![]() |
Issue Date: 27 January 2004
CASE NO.: 2003-STA-00049
In the matter of
JAMES O'HARA
Complainant
v.
A. C. HESSE CONTRACTORS, LLC
Respondent
This proceeding involves a complaint under the .whistleblower. employee protection provisions of Section 405 of the Surface Transportation Assistance Act of 1982 (the Act), as amended, 49 U.S.C. Section 31105 (formerly 49 U.S.C. § 2305), and its implementing regulations found at 29 C.F.R. Part 1978. Section 31105 of the Act provides protection from discrimination to employees who report violations of commercial motor vehicle safety rules or who refuse to operate a vehicle when the operation would be a violation of these rules.
Complainant James O.Hara filed a complaint with the Secretary of Labor, Occupational Safety and Health Administration (OSHA) on July 2, 2003, alleging that Respondent, A. C. Hesse Contractors, LLC, discriminated against him in violation of Section 405 of the Act. Following an investigation, the Secretary of Labor served its Findings and Preliminary Order on August 26, 2003, 2002, denying relief. On September 4, 2003, Complainant appealed that finding to this office.
A Notice of Hearing was issued scheduling a formal hearing on November 12, 2004 in Cherry Hill, New Jersey. On November 10, 2003, this Office received notification that this claim had settled. Accordingly, the hearing was canceled.
The parties have submitted a Confidential Agreement of Settlement and General Release. The agreement shall be placed in an envelope clearly marked as "Predisclosure Notification Materials" and retained together with this original order in the formal record. The parties agreement is hereby approved and the complaint is dismissed.
SO ORDERED.
PAUL H. TEITLER
Administrative Law Judge
Cherry Hill, New Jersey