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DATE: June 14, 1999
CASE NO: 1999-STA-00024
In the Matter of
ARK H. ALDASCH
Complainant
and
COCA COLA ENTERPRISES
Respondent
This matter is before me on the Complainant Mark H. Aldasch's request for a formal hearing on his complaint alleging unlawful discrimination for raising safety complaints under the provisions of the Surface Transportation Assistance Act of 1982, 49 U.S.C. §2305.
Pursuant to the Complainant's request, a hearing was scheduled for April 14, 1999 in Syracuse, New York. The hearing was continued at the Respondent's request due to scheduling conflicts, and an order was issued on April 20, 1999 rescheduling the hearing to 9:00 a.m. on May 26, 1999. Although the case filed reflects that this order was mailed to the Complainant at his home address, neither the Complainant nor any appointed representative appeared at the hearing or notified the administrative law judge that he could not appear. An appearance was made on behalf of the Respondent by counsel who had traveled from Nashville, Tennessee and who was prepared to proceed with three officials of the Respondent present as witnesses. In view of the Complainant's
failure to appear, the Respondent moved to dismiss his complaint. In support of this motion, the Respondent stated that he had placed a call at approximately 9:30 a.m. on May 26, 1999 to the Complainant's current employer, Swan Foods, and was informed by a dispatcher that the Complainant was at work and making a delivery.
By Order to Show Cause dated May 28, 1999, Complainant was given ten days show good cause for his failure to appear at the hearing. To date no response has been received from Complainant nor a representative of the Complainant. Accordingly,
IT IS HEREBY ORDERED that Complainant's request for hearing is dismissed as abandoned pursuant to 29 C.F.R. §18.39(b).
DANIEL F.
SUTTON
Administrative
Law Judge
Dated: June 14, 1999
Camden, New Jersey