Chapman v. United States Department of Labor , 92 F. App'x 385 ( 2004 )

United States Court of Appeals
FOR THE EIGHTH CIRCUIT
___________
No. 03-3604
___________
Gene K. Chapman, *
*
Petitioner, *
*
v. *
* Petition for Review of an
United States Department of Labor, * Order of the United States
* Department of Labor Administrative
Respondent, * Review Board.
*
Heartland Express of Iowa, * [UNPUBLISHED]
*
Respondent–Intervenor *
on Appeal. *
___________
Submitted: March 23, 2004
Filed: April 1, 2004
___________
Before FAGG, BEAM, HANSEN, Circuit Judges.
___________
PER CURIAM.
Gene Chapman, a former employee driver of Heartland Express of Iowa,
appeals from the final order of the United States Department of Labor Administrative
Review Board, which adopted the Administrative Law Judge's decision that
Heartland did not discriminate in violation of the Surface Transportation Assistance
Act (STAA) when it terminated Chapman's employment.
We have reviewed the record before us, the parties' submissions on appeal, as
well as the applicable law and we conclude that the agency's decision is supported by
substantial evidence. Simon v. Simmons Foods, Inc., 49 F.3d 386, 389 (8th Cir.
1995) ("Our review of the Secretary's order is controlled by the Administrative
Procedure Act under which an agency decision will be set aside if it is unsupported
by substantial evidence or is arbitrary, capricious, an abuse of discretion, or otherwise
not in accordance with the law."). Because we have nothing to add to the analysis
already conducted, we affirm without additional discussion. See 8th Cir. R. 47B.
______________________________
-2-