UNITED STATES
DEPARTMENT OF LABOR

DATE: February 15, 1991

CASE NO. 91-STA-1

IN THE MATTER OF

GARY WAYNE FREEMAN,
    COMPLAINANT,

    v.

DIGBY, RINGSBY TRUCKING,
    RESPONDENT.

BEFORE: THE SECRETARY OF LABOR

    Before me for review is the [recommended] Decision and Order (R.D. and O.) of Administrative Law Judge (ALJ) Alfred Lindeman issued on November 28, 1990, in this case which arises under Section 405, the employee protection provision, of the Surface Transportation Assistance Act of 1982 (the Act). 49 U.S.C. app. § 2305 (1988). The ALJ recommended that Mr. Freeman's complaint be dismissed.

    Complainant, a truck driver, alleges that his June 1990 discharge by the Respondent, was in violation of the protections provided him under Section 405. Respondent denies Complainant's allegations. The ALJ found that the Complainant had not established a prima facie case that he had engaged in any protected activity and that, in any event, the record as a whole established that, "he was terminated solely because of [an] episode of damaging company property" in Dallas, Texas. (R.D. and O. at 2). Neither party has filed any brief in support of or in opposition to the ALJ's R.D. and O. as permitted in the applicable regulations. 29 C.F.R. § 1978.109(c)(2)(1990).

    Based on a thorough review of the record, I concur in the ALJ's factual findings which are supported by substantial evidence on the record as a whole and are conclusive. 29 C.F.R. § 1978.109(c)(3). Accordingly, I adopt the ALJ's R.D. and O., appended hereto, and this case is DISMISSED.

   SO ORDERED.

       LYNN MARTIN
       Secretary of Labor

Washington, D.C.