DOL Home > OALJ > Whistleblower > Green v. Creech Brothers Trucking, 92-STA-4 (Sec'y Dec. 7, 1993) |
DATE: December 7, 1993 CASE NO. 92-STA-4 IN THE MATTER OF DANIEL J. GREEN, COMPLAINANT, v. CREECH BROTHERS TRUCKING, RESPONDENT. BEFORE: THE SECRETARY OF LABOR ORDER OF REMAND This case arises under Section 405 (employee protection provision) of the Surface Transportation Assistance Act of 1982 (STAA), 49 U.S.C. app. § 2305 (1988), and its implementing regulations, 29 C.F.R. Part 1978 (1992). On December 9, 1992, the Secretary of Labor issued a Decision and Order in this case upholding Complainant's complaint but noting his claim that he was denied due process at the administrative hearing before the Administrative Law Judge (ALJ) due to the abbreviated nature of the proceeding. Respondent now joins Complainant in claiming a denial of due process at the hearing and requests, inter alia, that the case be remanded to the ALJ. The Assistant Secretary for Occupational Safety and Health has responded that a remand is appropriate in these circumstances. Accordingly, the Secretary's December 9, 1992, Decision and Order IS VACATED. This case IS REMANDED to the ALJ for further proceedings. On remand, Complainant shall be accorded an opportunity to present any further proof in support of his complaint, and Respondent shall be accorded an opportunity to
[PAGE 2] offer further proof in its defense. SO ORDERED. ROBERT B. REICH Secretary of Labor Washington, D.C.