DOL Home > OALJ > Whistleblower > Foley v. J.B. Hunt Transportation, Inc., 2004-STA-14 (ALJ Mar. 23, 2004) |
Foley v. J.B. Hunt Transportation, Inc., 2004-STA-14 (ALJ Mar. 23, 2004)
U.S. Department of Labor | Office of Administrative Law Judges Heritage Plaza Bldg. - Suite 530 111 Veterans Memorial Blvd Metairie, LA 70005 (504) 589-6201 |
Issue Date: 23 March 2004
CASE NO.: 2004-STA-14
IN THE MATTER OF
ICHAEL FOLEY
v.
J. B. HUNT TRANSPORTATION, INC.
Complainant
Respondent
APPROVING WITHDRAWAL OF CLAIM
AND DISMISSING CASE
This proceeding arises under the Surface Transportation Assistance Act of 1982, 49 U.S.C. § 31105 (herein the STAA) and the regulations promulgated thereunder at 29 C.F.R. Part 1978.
The Complainant has requested a hearing based upon the Secretary's findings that Complainant's complaints of discrimination against Respondent in violation of the employee protective provisions of the STAA were not meritorious.
A formal hearing in this matter was scheduled in Memphis, Tennessee, to commence on March 8, 2004. The Notice of Hearing and Pre-Hearing Order required, inter alia, that Complainant file a detailed complaint alleging the nature of his protected activities and each and every violation against Respondent claimed, as well as the relief sought.
On February 10, 2004, Respondent filed a "Motion To Dismiss" based on Complainant's failure to file a complaint by the date established in the Pre-Hearing Order.
On February 18, 2004, an Order issued to Complainant to show cause why Respondent's Motion To Dismiss should not be granted.
On March 10, 2004, by facsimile, Complainant, through attorney-at-law Gregory W. Harbison, in response to the Order To Show Cause filed a request "to withdraw his claim with prejudice."
Pursuant to 29 C.F.R. § 1978.111(a) of the Rules For Implementing Section 405 of the STAA, a complainant may file a withdrawal of complaint.
The Procedures For The Handling of Discrimination Complaints Under Federal Employee Protection Statutes, 29 C.F.R. Part 24 permit the issuance of a recommended decision and order dismissing a claim for cause at the request of any party. Furthermore, in any case where a dismissal of a claim, defense or party is sought, an administrative law judge shall take such action as is appropriate to include a recommended order dismissing the claim, defense or party. See 29 C.F.R. § 24.6(e)(4)(ii).
Accordingly, based on the foregoing, Complainant's request for voluntary withdrawal of his Complaint also constitutes a withdrawal of his request for formal hearing which is hereby GRANTED, and this matter is DISMISSED with prejudice.
ORDERED this 23rd day of March, 2004, at Metairie, Louisiana.
LEE J. ROMERO, JR.
Administrative Law Judge
NOTICE: This Recommended Decision and Order and the administrative file in this matter will be forwarded by the Administrative Review Board, U.S. Department of Labor, Room S-4309, 200 Constitution Ave., NW, Washington, D.C. 20210. See 29 C.F.R. § 1978.109(a); 61 Fed. Reg. 19978 (1996).