Baldwin Associates , Case Nos. Its purpose merely is to initiate an investigation. Under the STAA, Complainant is accorded an opportunity for de novo hearing of his complaint. Here, Complainant objected in part that the Assistant Secretary's findings failed to address the totality of his complaint and that Respondent had misled the investigator. It is uncontroverted that Respondent received copies of the above documents.
Complainant cites Respondent's consistent misrouting of loads as contributing to the practice.
Complainant assertedly complained to Respondent's management about the practice, and alleges that he and other drivers have been threatened, disciplined, and penalized for refusing to drive when fatigued. He became fatigued, stopping several hours short of his destination of Valdosta, Georgia, in Unidella, where he stayed overnight. Dispatched with a return load, he called in fatigued late in the evening but was told to proceed to Nashville. Early on the morning of October 27, he finally clocked off fatigued in Jasper, Tennessee, about two hours short of Nashville. Throughout the trip Complainant disagreed with and complained to company representatives about having to drive while fatigued, and they singled him out for disparate treatment because of his complaints.