DOL Home > OALJ > Whistleblower > Patey v. Sinclair Oil Corp., 96-STA-20 (ARB Nov. 12, 1996) |
ARB CASE NO. 96-174
(ALJ CASE NO. 96-STA-20)
DATE: NOV 12 1996
In the Matter of:
MICHAEL A. PATEY,
v.
SINCLAIR OIL CORPORATION,
Complainant,
d/b/a SINCLAIR TRUCKING
COMPANY,
Respondent.
BEFORE: THE ADMINISTRATIVE REVIEW BOARD1
The Administrative law Judge (ALJ) submitted a Recommended Decision
and Order (R. D. and 0.) in this case arising under the employee protection provision of the
Surface Transportation Assistance Act of 1982 (STAA), 49 U.S.C.A. § 31105 (West 1994),
finding that Respondent Sinclair Oil Corporation did not discriminate against Complainant
ichael Patey when it discharged him from his job as a fuel oil delivery truck driver. Patey
refused to deliver fuel oil to a railroad, where his duties required refueling of idling locomotives,
because he believed it was unsafe, but the ALJ found Patey's concerns were unreasonable under
the circumstances. The record has been reviewed and we find there is substantial evidence in the
record to support the ALJ's finding that Sinclair did not violate the STAA when it discharged
Patey. Sinclair fully responded to each of Patey's concerns, R. D. and O. at 4, so that his refusal to
drive was not protected under 49 U.S. C. A. § 31105(a)(2). We adopt the ALJ's R. D. and
O. (attached) and this complaint is DISMISSED.
SO ORDERED.
DAVID A. O'BRIEN
KARL J. SANDSTROM
JOYCE D. MILLER
1 On April 17, 1996, a Secretary's
Order was signed delegating jurisdiction to issue final agency decisions under this statute to the newly
created Administrative Review Board. 61 Fed. Reg. 19978 (May 3, 1996). Secretary's Order 2-96
contains a comprehensive list of the statutes, executive order, and regulations under which the
Administrative Review Board now issues final agency decisions. Final procedural revisions to the
regulations implementing this reorganization were also promulgated on that date. 61 Fed. Reg. 19982.
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