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USDOL/OALJ Reporter
Webster v. Yellow Freight System,
Inc., 95-STA-40 (ALJ Oct. 30, 1995)
DATE: October 30, 1995
CASE NO.: 95-STA-00040
In the Matter of:
THURMAN WEBSTER
Complainant
v.
YELLOW FREIGHT SYSTEM, INC.
Respondent
BEFORE: Richard E. Huddleston
Administrative Law Judge
ORDER OF DISMISSAL
The above action arises under the Surface
Transportation Assistance Act of 1982 (STAA) (49 U.S.C.
§ 31101, et seq.), and the implementing
regulations at 29 C.F.R. § 1978, upon a
complaint filed by Thurman Webster. A formal hearing
was scheduled for October 24, 1995, in Cincinnati,
Ohio.
By letter dated October 20, 1995, Counsel for the
Employer has requested that the hearing in this matter
be continued to allow the Complainant time to file his
request to withdraw complaint. Subsequently, on
October 23, 1995, Counsel for the Complainant submitted
a request from the Complainant dated October 10, 1995,
that his objections be withdrawn and the case
dismissed.
Accordingly, I adopt, and append hereto, the
Secretary's Findings, issued by Michael G. Connors,
Regional Administrator, U.S. Department of Labor,
Occupational Safety and Health Administration, on July
24, 1995, finding that Respondent, Yellow Freight
System, Inc., did not violate Section 31105 of the STAA
by issuing a letter of warning for unauthorized
altering of company equipment.
Additionally, it is ORDERED that the hearing
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scheduled for October 24, 1995, in Cincinnati, Ohio, is hereby
cancelled.
Issued this the 30th day of October, 1995, at
Cincinnati, Ohio.
Richard E. Huddleston
Administrative Law Judge
