The parties have agreed to settle Hayes's STAA claim. Accordingly, with the reservations noted above, we APPROVE the agreement and DISMISS the complaint with prejudice.
SO ORDERED.
M. CYNTHIA DOUGLASS
Chief Administrative Appeals Judge
WAYNE C. BEYER
Administrative Appeals Judge
[ENDNOTES]
1 49 U.S.C.A. § 31105 (West 2008). The STAA has been amended since Hayes filed his complaint. See Implementing Recommendations of the 9/11 Commission Act of 2007, P.L. 110-53, 121 Stat. 266 (Aug. 3, 2007). We need not decide here whether the amendments are applicable to this complaint because even if the amendments were applicable to this complaint, they are not implicated by the settlement at issue here and thus, would not affect our decision.
2 29 C.F.R. Part 1978 (2007).
3 29 C.F.R. § 1978.111(d)(2).
4 See id.
5 5 U.S.C.A. § 557(b) (West 2008).
6 See Roadway Express, Inc. v. Dole, 929 F.2d 1060, 1066 (5th Cir. 1991).
7 See, e.g., Settlement Agreement and Request to Dismiss Complaint, para. B.
8 See Fish v. H & R Transfer, ARB No. 01-071, ALJ No. 2000-STA-056, slip op. at 2 (ARB Apr. 30, 2003).
9 See Ruud v. Westinghouse Hanford Co., ARB No. 96-087, ALJ No. 1988-ERA-033, slip op. at 6 (ARB Nov. 10, 1997); Conn. Light & Power Co. v. Sec'y, U.S. Dep't of Labor, 85 F.3d 89, 95-96 (2d Cir. 1996) (employer engaged in unlawful discrimination by restricting complainant's ability to provide regulatory agencies with information).
10 Settlement Agreement and Request to Dismiss Complaint, para. C.
11 5 U.S.C.A. § 552 (West 2007).
12 Coffman v. Alyeska Pipeline Serv. Co. & Arctic Slope Inspection Serv., ARB No. 96-141, ALJ Nos. 1996-TSC-005, 6, slip op. at 2 (ARB June 24, 1996).
13 29 C.F.R. § 70 et seq. (2007).