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Department of Labor: 01 029

This document is a final decision from the Administrative Review Board regarding a case between David Pate and Thomas Poultry. It summarizes that Pate filed a complaint with OSHA alleging he was terminated in violation of whistleblower protections. After OSHA found the case lacked merit, Pate requested a hearing before an ALJ. At the hearing, Pate requested more time to obtain counsel and the hearing was postponed. However, Pate later requested the hearing be cancelled and dismissed as he was unable to obtain counsel. Relying on a regulation allowing dismissal if a party abandons their request, the ALJ dismissed Pate's objections and request for a hearing. The Board upheld the ALJ's decision based on

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65 views2 pages

Department of Labor: 01 029

This document is a final decision from the Administrative Review Board regarding a case between David Pate and Thomas Poultry. It summarizes that Pate filed a complaint with OSHA alleging he was terminated in violation of whistleblower protections. After OSHA found the case lacked merit, Pate requested a hearing before an ALJ. At the hearing, Pate requested more time to obtain counsel and the hearing was postponed. However, Pate later requested the hearing be cancelled and dismissed as he was unable to obtain counsel. Relying on a regulation allowing dismissal if a party abandons their request, the ALJ dismissed Pate's objections and request for a hearing. The Board upheld the ALJ's decision based on

Uploaded by

USA_DepartmentOfLabor
Copyright
© Attribution Non-Commercial (BY-NC)
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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U.S.

Department of Labor Administrative Review Board


200 Constitution Avenue, N.W.
Washington, D.C. 20210

In the Matter of :

DAVID PATE, ARB CASE NO. 01-029

COMPLAINANT, ALJ CASE NO. 00-STA-51

v. DATE: March March 22, 2001

THOMAS POULTRY,

RESPONDENT.

BEFORE: THE ADMINISTRATIVE REVIEW BOARD

Appearances:
For the Complainant:
David Pate, Pro se, Jasper, Alabama

For the Respondent:


Richard E. Smith, Esq., Christian & Small, LLP, Birmingham, Alabama

FINAL DECISION AND ORDER

David Pate filed a complaint with Occupational Safety and Health Administration (OSHA),
alleging that he had been terminated in violation of the employee protection provision of the Surface
Transportation Assistance Act (STAA), 49 U.S.C.A. §31105 (West 1997). Following an
investigation, OSHA determined that the case had no merit. Pate objected to that determination and
requested a hearing before a departmental Administrative Law Judge (ALJ). At the hearing Pate
informed the ALJ that he had been unable to obtain counsel and requested additional time to do so.
The ALJ granted that request and postponed the hearing. However, prior to the date of the
rescheduled hearing Pate notified the ALJ that he still was not able to obtain counsel, and requested
that the hearing “be cancelled [and] dismissed.”

On January 24, 2001, the ALJ issued a Recommended Order of Dismissal. Relying upon 29
C.F.R. §18.39(b)(2000) -- which provides that “a request for hearing may be dismissed upon its
abandonment or settlement by the party or parties who have filed it . . .” – the ALJ granted Pate’s
request and dismissed Pate’s objections and request for a hearing.

USDOL/OALJ REPORTER PAGE 1


The case is now before the Board pursuant to the automatic review procedures of the STAA
implementing regulations. 29 C.F.R. §§1978.109(a) and (c)(1). Pursuant to Complainant’s request
and for the reasons stated by the ALJ we DISMISS this case.

SO ORDERED.

PAUL GREENBERG
Chair

CYNTHIA L. ATTWOOD
Member

RICHARD A. BEVERLY
Alternate Member

USDOL/OALJ REPORTER PAGE 2

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