RALPH W. PHILLIPS, JR., COMPLAINANT

VS.

HEYL TRUCK LINES, INC., RESPONDENT

THIS MATTER, a complaint filed by Ralph W. Phillips, Jr. (complainant) with the Iowa Civil Rights Commission (Commission) charging Heyl Truck Lines, Inc. (Respondent) with discrimination in employment on the basis of age came on for hearing in Des Moines, Iowa on the 16th day of June 1987 before Hearing officer Ione G. Shadduck. Complainant, appearing by telephone conference call, was represented by Teresa Baustian, Assistant Attorney General. Respondent was represented by A. J. Swanson, attorney from Sioux Falls, South Dakota. Attorney Swanson appeared by telephone conference call. Counsel for the parties agreed that Double D Produce is no longer a party to this action. Counsel also agreed to proceed in examination of Complainant by phone conference and that the testimony of Respondent's witnesses would be submitted by affidavit on or before July 6, 1987. The affidavit of MILTON R. SCHNEIDER was received on July 6, 1987, and will be marked Respondent's Exhibit A. The affidavit of ALAN L. HEYL was received on July 6, 1987, and will be marked Respondent's Exhibit B. On July 6, 1987. Attorney Swanson requested a 30-day continuance to submit an additional affidavit. On July 30, 1987, a letter from CHETTA I. McBRIDE of RAY GIBBINS INDUSTRIES, INC., was submitted as evidence and will be marked Respondent's Exhibit C. Respondent's Exhibit A, B, and C are admitted into evidence. Complainant was given 7 days from receipt of the affidavit to notify the hearing officer if there would be any cross examination based on the submitted affidavits.

On August 13, 1987, Complainant's Application for an Order Scheduling a Hearing was received. Although this Application was untimely, this Hearing Officer ruled that the Complainant could submit cross examination questions in writing to the witnesses who submitted testimony by affidavit. Cross examination questions were submitted to Witness Milton R. Schneider on August 21, 1987 and response was received on September 9, 1987. The questions and response shall be marked Joint Exhibit 1. With this evidence admitted, the Hearing is adjourned.

Any rulings on motions and objections reserved and not ruled on in this decision are denied.

The issue in this case is: DID HEYL TRUCK LINES, INC. FAIL TO HIRE RALPH W. PHILLIPS, Jr. BECAUSE OF HIS AGE?

Having reviewed the testimony, exhibits and record, the Hearing Officer makes the following findings of fact, conclusions of law, recommended decision and order.