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USDOL/OALJ Reporter Fitzgerald v. Interactive Logistics, Inc., ARB No. 03-018, 2001-STA-52 (ARB Jan. 10, 2003)
ARB CASE NO. 03-018 In the Matter of:
STEPHEN W. FITZGERALD, SR.,
v.
INTERACTIVE LOGISTICS, INC.
BEFORE: THE ADMINISTRATIVE REVIEW BOARD Appearances:
For the Complainant:
For the Respondent:
AND DISMISSING THE CASE Stephen W. Fitzgerald filed a complaint alleging that Interactive Logistics, Inc., (Interactive) violated the employee protection provisions of the Surface Transportation Assistance Act of 1982 (STAA), as amended and recodified, 49 U.S.C.A. § 31105 (West 1997), and the implementing regulations at 29 C.F.R. Part 1978 (2002). Fitzgerald seeks approval of a settlement agreement and dismissal of his pending claim. [Page 2]
On November 13, 2002, a Department of Labor Administrative Law Judge (ALJ) issued a Recommended Decision and Order (R. D. & O.) finding that Fitzgerald had established that Interactive had retaliated against him in violation of the STAA's whistleblower protection provisions. The ALJ further found that Fitzgerald was entitled to reinstatement, back pay, costs and attorney fees. As provided in 29 C.F.R. § 1978.109(a), the ALJ forwarded the case to the Administrative Review Board (Board) for review and to issue a final order. On December 14, 2002, Fitzgerald filed "Complainant's Unopposed Motion to Approve Settlement and Dismiss Proceeding."
We find the overall settlement terms to be reasonable, but we note that the settlement agreement encompasses the settlement of matters under laws other than the STAA. Our authority to review this settlement agreement is limited to the statutes within our jurisdiction and is defined by the applicable statute. Accord Waters v. Pacific Motor Trucking Co., ARB No. 01-049, ALJ No. 01-STA-5, slip op. at 3 (Aug. 28, 2001); Ass't Sec'y & Zurenda v. Corporate Express Delivery Sys., Inc., ARB No. 00-041, ALJ No. 1999-STA-30, slip op. at 2 (ARB Mar. 31, 2000). We have therefore restricted our review of the settlement agreement to ascertaining only whether the terms of the agreement fairly, adequately and reasonably settle Fitzgerald's allegations that Interactive violated the STAA. [Page 3]
We find that the agreement, as so construed, is a fair, adequate, and reasonable settlement of the complaint. Accordingly, we APPROVE the agreement and dismiss the case with prejudice. SO ORDERED.
M. CYNTHIA DOUGLASS
JUDITH S. BOGGS
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